Royal Decree 2224/1993 of 17 December 1993 on health rules for the disposal and processing of dead animals and waste of animal origin and protection against pathogens in feedingstuffs of animal origin Council Directive 90 /667/EEC of 27 November 1990 laying down the veterinary rules for the disposal and processing of animal waste, the placing on the market and the protection of animals and the protection of the environment, pathogens in feed of animal or fish origin and for which the animal feed is modified; Directive 90 /425/EEC.

Subsequently, the Royal Decree 1911/2000 of 24 November, which regulates the destruction of specified risk materials in relation to transmissible spongiform encephalopathies, applied the legislation Community action in this field.

Following the adoption of 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the Council of 3 October 2002 laying down health rules for animal by-products not intended for human consumption, were repealed by Directive 90 /667/EEC and Council Decisions 95 /348/EC of 22 June 1995 laying down the veterinary and animal health rules applicable in the United Kingdom and Ireland for the treatment of certain types of waste intended to be placed on the market at local level for food certain categories of animals and Council Directive 1999 /534/EC of 19 July 1999 laying down measures for the processing of certain animal waste with a view to the protection against spongiform encephalopathies The rules governing the transport, processing, destruction or use of such by-products are amended in depth and are amended in depth by the Commission Decision 97 /735/EC. Without prejudice to its inapplicability, this requires the express repeal, in one case, and partial in another, of the actual decrees mentioned above.

However, the effectiveness and direct applicability of this Regulation is necessary to lay down specific provisions, in order to clarify the competent authority in each case, to provide for the exchange of information between different administrations, and in particular to make use of certain exceptions provided for in the regulation, as well as the transitional period which has been authorised by the European Commission for Spain.

This royal decree has been submitted to the autonomous communities and affected sectors.

This royal decree is of a basic nature and is dictated under the terms of Article 149.1.13. and the 16th of the Constitution, which gives the State exclusive competence in the field of bases and coordination of the general planning of the the economic activity, and in the field of external health and the bases and general coordination of health.

In its virtue, on the proposal of the Minister of Agriculture, Fisheries and Food and the Minister of Health and Consumer Affairs, with the prior approval of the Minister of Public Administrations, in agreement with the State Council deliberation of the Council of Ministers at its meeting on 21 November 2003,

D I S P O N G O:

Article 1. Object and scope of application.

1. This royal decree is intended to lay down specific provisions for the application in Spain of Regulation (EC) No 1774/2002 of the European Parliament and of the Council of 3 October 2002 laying down the health rules applicable to animal by-products not intended for human consumption.

2. This royal decree will be applicable throughout the national territory.

Article 2. Definitions and competencies.

1. For the purposes of this royal decree, the definitions laid down in Regulation (EC) No 1774/2002 shall apply. In addition,

following definitions shall apply:

(a) Incineration on the spot: the incineration plant is not carried out in the incineration or co-incineration plant under Regulation (EC) No 1774/2002 or Royal Decree 653/2003 of 30 May 2003 on the incineration of waste.

(b) On-the-spot land: that which is not carried out in an approved landfill in accordance with Regulation (EC) No 1774/2002 or Royal Decree 1481/2001 of 27 December 2001 regulating the disposal of waste by deposit in landfill.

2. The competent authority empowered to ensure compliance with the requirements of this royal decree and Regulation (EC) No 1774/2002, in particular as regards the control of feedingstuffs, shall be the competent bodies of the communities. (a) to the extent to which it is necessary to ensure that the conditions for the application of the provisions of the Treaty are not met.

The current distribution of powers between the State and the Autonomous Communities will apply with regard to the application of Council Regulation (EC) No 259/1993 of 1 February 1993 on surveillance and control of shipments of waste within, at the entrance and exit of the European Community.

3. The Ministries of Agriculture, Fisheries and Food and Health and Consumer Affairs shall coordinate the implementation by the Autonomous Communities and the local authorities of Regulation (EC) No 1774/2002 as regards the animal by-products generated, respectively, in livestock holdings and in food establishments and industries, as well as in the correct issue of such by-products to the destinations permitted by the regulation and by this royal decree.

These ministries will also coordinate the implementation of Regulation (EC) No 1774/2002 as regards the authorisation of the destination facilities within their respective areas of action and the treatment of the by-products in accordance with the provisions of that regulation and in this royal decree.

They shall not be understood as falling within the competence of the aforementioned ministries in the following cases:

(a) Where they are intended, without prior processing, to incineration plants or co-incineration plants under Royal Decree 653/2003 of 30 May 2003 or to high capacity incineration or co-incineration plants which are not This royal decree applies.

(b) Where by-products of animal origin are generated in food establishments and industries intended, without prior processing, for incineration plants or low-capacity co-incineration plants.

(c) When its final destination is an approved landfill under Royal Decree 1481/2001 of 27 December 2001, this is already the case of unprocessed by-products or processed into authorised plants.

d) When undergoing a process of recovery in biogas and composting plants.

Article 3. Duty of information.

The competent bodies of the autonomous communities shall forward to the Ministry of Agriculture, Fisheries and Food or to the Ministry of Health and Consumer Affairs, on the basis of their respective powers, for their transfer to the European Commission, the information provided for in Regulation (EC) No 1774/2002, and in particular:

(a) In the event of the use of the exceptions to the use of animal by-products provided for in Article 8 of this royal decree, the information referred to in Article 23 of that Regulation.

(b) In the event of the use of the derogations relating to the disposal of animal by-products provided for in Article 9 of this royal decree, the information referred to in Article 24 of that Regulation.

Article 4. Manure.

The provisions of Article 7 of Regulation (EC) No 1774/2002 shall not apply in Spain for manure transported between two points on the same holding or between holdings and users located within the the same autonomous community, unless specific provisions of the autonomous communities establish the opposite.

Article 5. General animal health requirements for the placing on the market and use of processed animal protein and other processed products which may be used as feed, pet food, chewable accessories for dogs and technical products.

1. The consignment of animal by-products and their derived products, for which specific requirements are laid down in Annexes VII and VIII to Regulation (EC) No 1774/2002, is prohibited from a holding situated in an area under restrictions due to the existence of a disease to which the animal species from which the products are derived are susceptible, or from a plant or area from which trade movements or trade may compromise the the health status of a province or that of Spain, except where the products have been treated in accordance with that regulation.

This ban will not apply in the event that exceptions are adopted by the European Commission, where this will have to be what is available to the Commission.

2. The products must be obtained from animals which:

(a) Proceed from a holding, territory or part thereof or, in the case of aquaculture products, from a farm, zone or part thereof, not subject to animal and animal health restrictions in particular, in the case of restrictions resulting from disease control measures, imposed by the rules in force or by the presence of any of the serious communicable diseases listed in the Royal Decree 650/1994 of 15 April 1994 laying down general measures for the control of certain animal diseases and specific measures against swine vesicular disease.

(b) They have not been slaughtered in an establishment where, at the time of slaughter, there were animals infected or suspected of being infected by any of the diseases to which the provisions contained in paragraph (a).

3. Without prejudice to compliance with the disease control measures provided for in paragraph 2 (a), the placing on the market of animal by-products and the products derived therefrom referred to in Annexes VII and VIII to the Regulation (EC) No 1774/2002, originating in or part of a territory subject to animal health restrictions, but which are not infected or suspected of being infected, shall be permitted as long as, as appropriate, such products:

(a) Be obtained, handled, transported and stored separately, physically or chronologically, from which all animal health conditions are met.

(b) Have undergone, in a plant approved for this purpose by the Autonomous Community or by another Member State where the animal health problem has arisen, sufficient treatment to eliminate the animal health problem in accordance with the provisions of Regulation (EC) No 1774/2002.

c) Be duly identified.

(d) comply with the special provisions laid down in Annexes VII and VIII to Regulation (EC) No 1774/2002 or the implementing rules to be laid down by the European Commission.

Article 6. Placing on the market and export of pet food, chewable accessories for dogs and technical products.

1. The competent authorities shall ensure that pet food, chewable accessories for dogs, technical products not referred to in paragraphs 2 and 3 of this Article and the animal by-products referred to in this Article Annex VIII to Regulation (EC) No 1774/2002 is placed on the market or exported only if:

a) Respond to one of these two conditions:

1. Meet the specific conditions set out in Annex VIII.

2. Or comply with the specific conditions laid down in the relevant chapter of Annex VII to Regulation (EC) No 1774/2002 where a product may be used as a technical product and as a feed and the said Annex VIII does not contain any details.

(b) Proceed from food factories for pet animals or from technical plants authorised and supervised in accordance with Article 18 of Regulation (EC) No 1774/2002 or, in the case of animal by-products mentioned in its Annex VIII to other plants authorised in accordance with Community veterinary legislation.

2. Organic fertilisers and soil improvers produced from processed products of Category 2 material other than those derived from manure and digestive tract contents may be placed on the market or exported only if comply with the requirements laid down for this purpose by the European Commission.

3. Fat derivatives made from Category 2 material shall only be placed on the market or exported if the following conditions are met:

(a) They have been prepared in a category 2 oleochemical plant approved in accordance with Article 14 of Regulation (EC) No 1774/2002 with melted fats from the processing of Category 2 material into a processing plant approved in accordance with Article 13, by means of the application of any of the methods numbered 1 to 5 in Chapter III of Annex V to that Regulation.

(b) They have been handled, processed, stored and transported in accordance with Annex VI to Regulation (EC) No 1774/2002.

(c) comply with the specific conditions set out in Annex VIII to that Regulation.

Article 7. Lists of approved plants, warehouses and factories.

1. The competent bodies of the autonomous communities shall draw up a list of approved plants, warehouses and factories within their own territory in accordance with Articles 10, 11, 12, 13, 14, 15, 17 and 18 of Regulation (EC) No 1774/2002. which shall award an official number to be used to identify the plant in relation to the nature of its activities.

2. These bodies shall send copies of their lists and the corresponding updated versions to the national commission provided for in Article 15 of this royal decree, for the transfer to the other autonomous communities and cities of Ceuta and Melilla, to the other Member States and the European Commission.

Article 8. Derogations concerning the use of animal by-products.

1. The competent authorities of the autonomous communities may authorise, and in that case adopt appropriate control measures, the following uses:

(a) The use of animal by-products for the purposes of diagnosis, education and research, within the framework provided for in the implementing legislation of this royal decree.

(b) The use of animal by-products for taxidermy activities in the technical plants authorised for that purpose.

2. The use of the animal by-products referred to in paragraph 3 for the feeding of the following animals, the control of which shall be exercised by the competent authorities in accordance with the rules laid down in the Annex, is also authorised. IX of Regulation (EC) No 1774/2002:

a) Zoo animals.

b) Circus animals.

c) Reptiles and birds of prey other than zoo or circus.

(d) fur animals.

e) Wild animals whose meat is not intended for human consumption.

(f) Dogs from recognised kennels or kaurias.

g) Worms for baits.

3. The animal by-products referred to in the previous paragraph are as follows:

(a) Category 2 material, provided that it comes from animals which have not been slaughtered or died as a result of the actual or suspected presence of a disease communicable to humans or animals.

b) The following Category 3 material:

1. Parties of slaughtered animals which are considered fit for human consumption in accordance with Community legislation, but which are not intended for commercial purposes for this purpose.

2. Parties of slaughtered animals which have been rejected as unfit for human consumption but which do not present any signs of disease communicable to humans or animals and which originate from carcases which are suitable for human consumption in accordance with Community legislation.

3. ° Pieles, hooves and horns, bristles and feathers coming from animals which are slaughtered in a slaughterhouse after being subjected to an ante-mortem inspection and which are declared fit for the purpose of the inspection Slaughter with a view to human consumption in accordance with Community legislation.

4. Blood coming from animals, other than ruminants, slaughtered in a slaughterhouse and having undergone an ante-mortem inspection and which, as a result of such inspection, are declared fit for slaughter with a view to the human consumption in accordance with Community legislation.

5. ° Animal subproducts derived from the manufacture of products intended for human consumption, including degreased bones and chicharrones.

6. Old food of animal origin or containing products of animal origin, other than kitchen waste, which are no longer intended for human consumption for commercial reasons or for manufacturing problems or packaging defects or other types which do not pose a risk to humans or animals.

7. Raw milk of animals that do not show clinical signs of any disease communicable through that product to humans or animals.

8. º Fish or other marine animals, with the exception of mammals, caught in the high seas for the production of fishmeal.

9. ° Fresh fish subproducts from industrial plants that manufacture fish-based products for human consumption.

10. º Conchas, by-products of incubation and by-products of eggs with fissures from animals that do not show clinical signs of any disease communicable through that product to humans or animals.

11. No kitchen waste that does not come from transportation facilities that operate internationally.

However, in this case, consideration should be given to possible rules that may be dictated by the European Commission.

4. The competent bodies of the autonomous communities shall forward to the Ministry of Agriculture, Fisheries and Food or to the Ministry of Health and Consumer Affairs, on the basis of their respective powers, for their transfer to the European Commission, the information relating to:

(a) The application of the provisions of paragraph 2.

(b) The verification measures that they have taken to ensure that animal by-products are used for authorised purposes only.

In addition, those competent bodies shall send to the national commission provided for in Article 15, for the preparation of a national list, the list of authorized and registered users and collection centres in relation to with paragraphs (d), (f) and (g) of paragraph 2, situated in their respective territorial scope. Each of these users and collection centres shall be assigned an official number for inspection purposes and in order to determine the origin of the products.

5. The premises of the users and collection centres referred to in the previous paragraph shall be supervised by the competent authority, which shall have free access at all times to all parts of such premises for the purpose of verifying the compliance with the requirements referred to in paragraph 2. If such inspection reveals that those provisions are not complied with, the competent authority shall take appropriate measures.

Article 9. Derogations concerning the disposal of animal by-products.

1. The competent authorities may, if necessary, decide that:

(a) Dead pet animals can be disposed of directly as waste by burial.

(b) The following animal by-products from remote areas may be disposed of as waste by incineration or burial, carried out on site in both cases:

1. º The whole bodies of dead animals containing specified risk material, when at the time of disposal the specified risk material has not been removed.

2. The Category 2 material.

3. The Category 3 material.

The competent authority shall regularly monitor these areas to verify compliance with the conditions laid down in Annex II to Commission Regulation (EC) No 811/2003 of 12 May 2003 on the compliance with the conditions laid down in Annex II to Regulation (EC) No 811/2003. apply the provisions of Regulation (EC) No 1774/2002 on the prohibition of recycling within the same species in the case of fish, the burial and incineration of animal by-products and certain transitional measures.

(c) Animal by-products may be disposed of as waste by incineration or burial, carried out on the spot in both cases, in the event of an outbreak of one of the diseases listed in List A of the International Bureau of Epizootic diseases (OIE), where the competent authority refuses to transport to the nearest incineration or processing plant in the face of the danger of spreading health risks or because the capacity of such plants has been overrun by the extension of the epizootic. In this case, account should also be taken of the provisions of Article 6 of Commission Regulation (EC) No 811/2003 of 12 May 2003.

2. In the case of Category 1 material referred to in the first indent of point (b) of the previous paragraph, its incineration or burial may be carried out in accordance with points (b) or (c) of that paragraph only if the competent authority authorizes and monitors the method used and considers that it prevents any risk of transmission of transmissible spongiform encephalopathies.

3. The competent authority shall take the necessary measures to ensure that the incineration or burial, carried out on the spot in both cases, of animal by-products does not endanger human or animal health, as well as to prevent abandonment, dumping or uncontrolled disposal of animal by-products.

4. The competent bodies of the autonomous communities shall forward to the Ministry of Agriculture, Fisheries and Food or to the Ministry of Health and Consumer Affairs, on the basis of their respective powers, for their transfer to the European Commission:

(a) The use they make of the possibilities referred to in paragraph 1 (b) in respect of Category 1 and Category 2 material.

(b) Areas falling under the category of 'remote areas' for the purposes of applying paragraph 1 (b) and the reasons for this classification.

Article 10. Other exceptions.

1. Feed of fish with processed animal protein from bodies or parts of bodies of animals of the same species is permitted.

However, this shall not apply to the feeding of farmed fish with processed animal protein derived from farmed fish of the same species.

2. Wild fish and byproducts of wild fish caught on the high seas or lakes may be used:

a) For the production of fish feed.

b) As fish feed.

3. Fish, fish by-products and products derived therefrom, intended for the feeding of farmed fish, as provided for in paragraph 1, shall comply with the conditions set out in Annex I to Regulation (EC) No 2171/2009. Commission Regulation (EC) No 811/2003 of 12 May 2003.

Article 11. Incineration and burial of bees and apiculture products.

In accordance with Article 8 of Commission Regulation (EC) No 811/2003 of 12 May 2003, where necessary, the competent authorities may authorise the disposal, as waste, of bees and apiculture products other than Category 1 or 3 material, by means of incineration or burial on the spot, provided that the necessary measures are taken to ensure that this does not pose a risk to human or animal health and the environment, agreement with Community and national legislation and guidelines.

Article 12. Processing plants of categories 1 and 2.

For the approval of the processing plants of categories 1 and 2, as provided for in Article 13 of Regulation (EC) No 774/2002, the distribution of processing facilities for Category 1 and Category 2 material shall ensure the total separation of both materials from their reception to the processing of the processed product.

For these purposes, when the material processing plants of Category 1 and Category 2 material share the same building or premises, there shall be a physical separation between the two installations and the provision of reception areas, equipment, personnel, storage area and independent exit.

Article 13. Authorisation of incineration or co-incineration plants and other systems of destruction and treatment.

The competent authorities of the autonomous communities shall authorise the incineration or co-incineration plants of high or low capacity, which are not applied by Royal Decree 653/2003 of 30 May, in accordance with the provisions of the paragraphs 2 and 3 respectively of Article 12 of Regulation (EC) No 1774/2002.

It shall also authorise the use of destruction and treatment systems to which this royal decree does not apply, which are authorised in accordance with Regulation (EC) No 1774/2002, as well as, where appropriate, facilities which are precise to this effect.

Article 14. Community controls.

1. In carrying out the checks carried out by the experts of the European Commission, they shall accompany the representatives of the competent bodies of the autonomous communities representing the Ministries of Agriculture, Fisheries and Food. Health and Consumer Affairs and any other competent, depending on their respective powers.

2. When such checks are carried out, the competent bodies of the autonomous communities and the ministry concerned shall provide the experts of the European Commission with all the assistance necessary for the performance of their duties.

3. The competent authorities shall take the necessary measures for the correct application of the recommendations contained in the final inspection reports of the European Commission.

Article 15. National Commission for by-products of animal origin not intended for human consumption.

1. The national Commission for by-products of animal origin not intended for human consumption is hereby established as a collegiate body of inter-ministerial and multidisciplinary nature, attached to the Ministry of Agriculture, Fisheries and Food.

2. They are the functions of the national commission:

(a) The monitoring and coordination with the autonomous communities and local authorities of the implementation of Regulation (EC) No 1774/2002 and of this royal decree.

b) The periodic review of the evolution of such implementation, proposing the precise modifications for an effective fulfillment of the objectives.

c) Raise the competent authorities with a view to improving the implementation of such legislation, and in particular on new methods of destruction of animal by-products in livestock holdings.

(d) To advise the competent authorities on by-products of animal origin not intended for human consumption.

e) Propose the performance of scientific studies and studies in relation to the aforementioned by-products.

(f) to obtain, for the transfer to the Autonomous Communities and Cities of Ceuta and Melilla, the other Member States and the European Commission, the information referred to in Article 7.

3. The national Commission shall be composed of the following members:

(a) President: the Director General of Livestock, Ministry of Agriculture, Fisheries and Food.

b) Vice President: the Executive Director of the Spanish Food Safety Agency of the Ministry of Health and Consumer Affairs.

c) Vocals:

1. Twelve vowels representing the General Administration of the State, belonging to the following ministries:

Four on behalf of the Ministry of Agriculture, Fisheries and Food, with the rank of deputy director-general.

Four representing the Ministry of Health and Consumer Affairs, with the rank of deputy director-general.

Three representatives of the Ministry of the Environment, with the rank of deputy director general.

A representative of the Ministry of Science and Technology, with the rank of deputy director general.

Such vowels shall be designated by the Deputy Secretary of the department concerned, and in cases of absence or disease and, in general, when there is another justified cause, they may be replaced by another person. service of the unit from which they are dependent, which shall be designated in the same way.

2. In representation of the autonomous communities and cities of Ceuta and Melilla, a representative for each one of them that decides to join in this commission.

3. Two vowels appointed by the Spanish Federation of Municipalities and Provinces, representing the local authorities.

(d) An official of the Ministry of Agriculture, Fisheries and Food, appointed by the Undersecretary of that department, shall act as secretary of the national commission.

In addition, they will be able to attend the meetings of the national commission, as advisers, with a voice but without a vote, those persons who, in consideration of their professional competence, are expressly called by the president.

4. The national Commission shall adopt its own rules of operation and, in all cases not expressly provided for in those rules and in this Article, shall apply the provisions laid down in Chapter II of Title II of Law No 30/1992 of 26 November 1992. Legal status of public administrations and the common administrative procedure in the field of collegiate bodies.

5. In any event, the national Commission shall meet at least once every six months, and as often as the situation requires, by means of a call from its chairman, at the request of any of its members.

Article 16. Information on Category 1 by-products generated in food establishments and industries.

After the transport of Category 1 material, generated in food establishments and industries, to intermediate plants, incineration plants and co-incineration plants or processing plants, it shall be returned to the establishment or industry of origin a copy, sealed and signed, of the commercial document or, where appropriate, of the health certificate provided for in Article 7 of Regulation (EC) No 1774/2002.

Article 17. Sanctioning regime.

In the event of non-compliance with the provisions of this Royal Decree or Regulation (EC) No 1774/2002, the regime of infringements and penalties laid down in Law 14/1986 of 25 April, General of Health, on the Law 10/1998 of 21 April 1998 on Waste, Law 8/2003 of 24 April, Animal Health and Royal Decree 1945/1983 of 22 June 1983 on the rules governing infringements and penalties in respect of the defence of the consumer and of production agri-food and, where appropriate, in other specific implementing rules, without prejudice to any possible civil, criminal or other order responsibilities that may be present.

Additional disposition first. References to Royal Decree 2224/1993 of 17 December 1993 and to Royal Decree 1911/2000 of 24 December.

The references contained in the legislation applicable to Royal Decree 2224/1993 of 17 December 1993 on health rules for the disposal and processing of dead animals and waste of animal origin and protection against pathogens in feed of animal origin, as well as the repealed articles of Royal Decree 1911/2000 of 24 November 2000 regulating the destruction of specified risk materials in relation to encephalopathies Transmissible spongiform encephalopathy (TSEs) shall be construed as references to this royal decree and to 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.

Additional provision second. Economic impact.

The creation and operation of the national commission of animal by-products of animal origin not intended for human consumption will not entail any increase in public expenditure, and its functioning will be met with human resources and existing materials in the Ministries of Agriculture, Fisheries and Food and Health and Consumer Affairs.

First transient disposition. Transitional measures relating to kitchen waste other than those from means of transport operating at international level.

Until the corresponding rules are adopted by the European Commission, the transformation in a biogas plant or the composting of the kitchen waste included in the scope of this royal decree and different from those from means of transport operating at the international level shall be governed by the applicable Spanish legislation.

Second transient disposition. Transitional measures concerning the material collected when the waste water is cleaned.

Until 31 December 2003, and under the conditions laid down in Commission Decision 2003 /334/EC of 13 May 2003 on transitional measures in accordance with Regulation (EC) No 1774/2002 concerning the material collected when the waste water is cleaned, the competent authorities may continue to grant individual authorisations, in accordance with national rules, to operators, processing plants, premises and slaughterhouses referred to in Article 4.1.b); and in Article 5 (1) (b) of Regulation (EC) No 1774/2002, to continue to apply those provisions standards for the collection of waste water, provided that:

(a) All animal materials retained in the present systems of the processing plants, the premises and the slaughterhouses concerned are collected, transported and disposed of as Category 1 and Category 2 materials, The Commission shall, in accordance with Regulation (EC) No 1774/2002, apply.

(b) The national rules apply only to the premises and facilities applying those rules to the date of 1 November 2002.

Transitional provision third. Transitional measures concerning the import and transit of certain products.

Until 31 December 2003, and under the conditions laid down in Commission Regulation (EC) No 812/2003 of 12 May 2003 on transitional measures in accordance with Regulation (EC) No 1774/2002 on the import and transit of certain products from third countries, Spain shall continue to authorise the import and transit of the products referred to in Annexes VII and VIII to that Regulation.

Transitional disposition fourth. Transitional measures concerning the separation of the oleochemical plants from categories 2 and 3.

1. Until 31 October 2005, and under the conditions laid down in Commission Decision 2003 /326/EC of 12 May 2003 on transitional measures, in accordance with Regulation (EC) No 1774/2002 on the separation of plants The competent authorities may continue to grant individual authorisations, in accordance with national rules, to operators of premises and facilities which do not comply with Article 14.2.b. of Regulation (EC) No 1774/2002 and the criteria for the separation of the oleochemical plants from the Categories 2 and 3, provided that the national rules:

(a) Be in conformity with all other applicable Community legislation.

(b) Apply only to the premises and facilities applying those rules as of 1 November 2002.

c) be in accordance with the requirements of paragraphs (c) and (d) of Article 14.2 of Regulation (EC) No 1774/2002.

2. In addition, only rendered fats derived from Category 2 and Category 3 materials may be used. Rendered fats derived from Category 2 material shall be processed in accordance with the rules laid down in Chapter III of Annex VI to Regulation (EC) No 1774/2002. Additional procedures such as distillation, filtering and processing with absorbents to increase the safety of sebum derivatives shall be used.

Transient disposition fifth. Transitional measures relating to the collection, transport and disposal of former foodstuffs.

1. Until 31 December 2005, and under the conditions laid down in Commission Regulation (EC) No 813/2003 of 12 May 2003 on transitional measures, in accordance with Regulation (EC) No 1774/2002 on the collection, transport and transport of dangerous goods and the disposal of old food, the competent authorities may grant individual authorisations to operators of premises and facilities to continue to apply national rules to the collection, transport and processing of the old foods referred to in Article 6.1.f of Regulation (EC) 1774/2002, condition that these national rules:

(a) Without prejudice to paragraph 2, ensure that the old food is not mixed with Category 1 and Category 2 materials.

(b) conform to the other requirements of Regulation (EC) No 1774/2002.

2. However, the mixture of the old food with Category 1 or Category 2 materials may be authorised if they are intended to be incinerated or processed in plants of categories 1 or 2 before being disposed of as waste by means of incineration or co-incineration, or in a landfill, in accordance with Community legislation.

3. Where such old foods are disposed of as waste in an approved landfill, the necessary measures shall be taken to ensure that they are not mixed with material of unprocessed animal origin referred to in Articles 4 and 5 and in paragraphs (a) to (e) and (g) to (k) of Article 6.1 of Regulation (EC) No 1774/2002.

Transitional disposition sixth. Transitional measures concerning the rules for the processing of Category 3 material and manure in composting plants.

1. Until 31 December 2004, and under the conditions laid down in Commission Regulation (EC) No 809/2003 of 12 May 2003 on transitional measures, in accordance with Regulation (EC) No 1774/2002 on the rules of processing of Category 3 material and manure in composting plants, the competent authorities may continue to grant individual authorisations, in accordance with national rules, to operators of premises and facilities to continue to apply those standards to the processing of Category 3 material or material of the Category 3 and manure in composting plants, provided that these national standards:

(a) Ensure a general reduction of pathogens.

(b) Apply only to the premises and facilities applying those rules as of 1 November 2002.

(c) conform to the requirements of Chapter II.B of Annex VI to Regulation (EC) No 1774/2002.

2. The composting plants must be equipped with:

a) Installations to check temperature evolution over time.

(b) Appliances that record the results of those measurements.

c) A suitable safety system to prevent insufficient heating.

d) Facilities suitable for cleaning and disinfection of vehicles and containers at the disposal of the composting plant.

3. Each composting plant must have its own laboratory or use an external laboratory.

The laboratory must be equipped to carry out the necessary tests and have been authorised by the competent authorities.

Transitional disposition seventh. Transitional measures concerning the rules for the processing of Category 3 material and manure in biogas plants.

1. Until 31 December 2004, and under the conditions laid down in Commission Regulation (EC) No 810/2003 of 12 May 2003 on transitional measures in accordance with Regulation (EC) No 1774/2002 on the rules of processing of Category 3 material and manure in biogas plants, the competent authorities may continue to grant individual authorisations, in accordance with national rules, to operators of premises and facilities for which continue to apply those rules in respect of the processing of Category 3 material or material of category 3 and manure in biogas plants, provided that these national standards:

(a) Ensure a general reduction of pathogens.

(b) Apply only to the premises and facilities applying those rules as of 1 November 2002.

(c) conform to the requirements set out in Chapter II.B of Annex VI to Regulation (EC) No 1774/2002.

2. In addition, biogas plants must be equipped with:

a) Installations to check temperature evolution over time.

(b) Appliances that record the results of these measurements on a continuous basis.

c) A suitable safety system to prevent insufficient heating.

d) Facilities suitable for cleaning and disinfection of vehicles and containers at the disposal of the composting plant.

3. Each biogas plant must have its own laboratory or use an external laboratory.

The laboratory must be equipped to carry out the necessary tests and have been authorised by the competent authorities.

Transient disposition octave. Transitional measures concerning the feeding of fish.

Until 31 December 2003, the rules and rules in force for the feeding of fish may continue to apply without applying the prohibition provided for in Article 22.1.a of Regulation (EC) 1774/2002.

transient disposition ninth. Transitional measures relating to the rules for the processing of mammalian blood.

Until 31 December 2004, and under the conditions laid down in Commission Decision 2003 /321/EC of 12 May 2003 on transitional measures, in accordance with Regulation (EC) No 1774/2002, concerning the rules of processing of the blood of mammals, the competent authorities may continue to grant individual authorisations to operators of premises and facilities to continue to apply the processing methods 2 to 5 or 7 of Annex V to that Regulation; a regulation for the transformation of mammalian blood, provided that:

(a) The premises, raw materials, processing standards, processed products and storage comply with the requirements laid down in Chapter I and the other provisions of Chapter II of Annex VII to this Regulation. Regulation (EC) No 1774/2002.

(b) The processing methods shall be applied in premises and installations applying those methods to the date of 1 November 2002.

Single repeal provision. Regulatory repeal.

As many provisions of equal or lower rank are repealed, they are opposed to what was established in this royal decree, and specifically:

(a) Royal Decree 2224/1993 of 17 December 1993 on health rules for the disposal and processing of dead animals and waste of animal origin and protection against pathogens in feedingstuffs of animal origin.

(b) Article 3 (2), (3) and (4), Articles 6, 7, 8, 9 and 10, and Annexes I, II and III to Royal Decree 1911/2000 of 24 November 2000 on the destruction of specified materials risk in relation to transmissible spongiform encephalopathies.

c) The final third provision of Royal Decree 3454/2000 of 22 December 2000 establishing and regulating the coordinated comprehensive surveillance programme

and control of transmissible spongiform encephalopathies of animals.

(d) The Order of the Ministry of Agriculture, Fisheries and Food of 22 February 2001 determining the exceptional circumstances of incineration provided for in the third final provision of Royal Decree 3454/2000 of 22 December, establishing and regulating the coordinated comprehensive programme of surveillance and control of the transmissible spongiform encephalopathies of animals.

Final disposition first. Competence title.

This royal decree is of a basic nature and is dictated under the terms of Article 149.1.13. and the 16th of the Constitution, which gives the State exclusive competence in the field of bases and coordination of the general planning of the economic activity, and in the field of bases and general coordination of health. The rules on trade with third countries, which are issued under the provisions of Article 149.1.16.a, first indent, of the Constitution, which give the State exclusive competence in the field of competition, are exempt from the foregoing. External health matters.

Final disposition second. Faculty of development.

The Ministers of Agriculture, Fisheries and Food and Health and Consumer Affairs are empowered to lay down, in the field of their powers, the provisions necessary for the development and implementation of the provisions of this Directive. decree.

Final disposition third. Entry into force.

This royal decree shall enter into force on the day following that of its publication in the "Official Gazette of the State", subject to the provisions of Article 10, which shall enter into force on 1 January 2004.

Dado en Madrid, a 21 de novembro de 2003.

JOHN CARLOS R.

Deputy Prime Minister and Minister of the Presidency,

JAVIER ARENAS BOCANEGRA