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Royal Decree 664/2007 of 25 May 2007 regulating the feeding of necrophagous birds with animal by-products not intended for human consumption was approved with the aim of laying down implementing rules for the feeding of necrophagous birds within the framework of the existing rules at European level. This royal decree incorporated the most novel possibilities for action, which were collected at that time in Decisions 2003 /322/EC of 12 May 2003 and 2005 /830/EC of 25 November 2003 on the application of the provisions of the Regulation (EC) No 1774/2002 concerning the feeding of species of necrophagous birds with certain Category 1 materials. These provisions, together with Royal Decree 1429/2003 of 21 November laying down the conditions for the application of Community legislation on by-products of animal origin not intended for human consumption, have established the Regulatory framework for the feeding of wild fauna with animal by-products.
Later, Regulation (EC) No 1069/2009 of the European Parliament and of the Council of 21 October 2009 laying down the health rules for animal by-products and derived products intended for human consumption and repealing Regulation (EC) No 1774/2002, provides that the competent authority may authorise the feeding of wild animals with Category 2 and Category 3 material. The Regulation also provides that the competent body may authorise the use of certain Category 1 materials, in particular whole bodies or parts of dead animals containing specified risk material, in the the time of disposal to feed endangered or protected species of necrophagous birds and other species living in their natural habitat in order to promote biodiversity.
Therefore, the recent legislation expands the number of wildlife species that may be the subject of this feed with Category 1 by-products. Such food may be authorised in the case of certain carnivorous species referred to in Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora and on the the case of certain species of birds of prey referred to in Directive 2009 /147/EC of the European Parliament and of the Council of 30 November 2009 on the conservation of wild birds in order to take account of natural patterns of birds feeding of such species. These aspects, together with the development of the sanitary conditions for this type of food to be used in areas outside the feeders or mulates, are referred to in Commission Regulation (EU) No 142/2011 of 25 February 2011 by the Commission. laying down detailed rules for the application of Regulation (EC) No 1069/2009 of the European Parliament and of the Council laying down health rules for animal by-products and derived products not intended for human consumption human consumption and Council Directive 97 /78/EC as regards certain samples and exempt units of the veterinary checks at the border under the border.
The publication of this royal decree is based on the duty of conservation of wild birds established by Directive 2009 /147/EC of the European Parliament and of the Council of 30 November 2009 on the conservation of wild birds, Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora, and Law 42/2007 of 13 December 2007 on Natural Heritage and the Biodiversity, which establishes a general protection regime to ensure the preservation of bird species In addition to the establishment of a special protection regime for certain species, according to Royal Decree 139/2011 of 4 February, for the development of species of the Wild Species List in Special Protection Regime and the Spanish Catalogue of Threatened Species. For some of the species object of the present royal decree it is necessary to put in place conservation measures in the natural environment.
Without prejudice to the effectiveness and direct applicability of the abovementioned Community legislation, legal certainty as to the need to coordinate national and Community legislation properly, it is advisable to repeal Royal Decree 664/2007 of 25 May 2007. Therefore, the purpose of this Royal Decree is to facilitate and ensure the implementation in the Spanish Ordinance of the content of Regulation (EC) 1069/2009 of the European Parliament and of the Council of 21 October 2009 and of Regulation (EU) 142/2011 of 21 October 2009, the Commission of 25 February 2011 for the approval of a basic framework for the feeding of wildlife species with animal by-products not intended for human consumption, in particular necrophagous species and other protected species, which they are also necrophagous in an optional manner.
It is necessary to take into account that the current rules already include in the case of Category 3 material, among others, the bodies or parts of animals killed, in the case of game animals, which are fit for human consumption but are not intended for that purpose on commercial grounds, as well as the bodies and parts of game animals killed for human consumption in accordance with Community legislation provided for in Article 10 (b) of Regulation (EC) No 3154/2009. 1069/2009 of the European Parliament and of the Council of 21 October 2009.
Whole bodies or parts of wild animals other than wild game that are not suspected of being infected or affected by a disease communicable to humans are excluded from the scope of this standard. animals or animals; whole bodies or parts of wild game animals which are not collected after hunting, in accordance with good hunting practice, without prejudice to Regulation (EC) No 853/2004; and animal by-products from wild game which are part of the direct supply by the hunters of the small quantities or of wild game meat to the final consumer or to local retail establishments, which supply the final consumer directly. Therefore, they can all be destined for the feeding of the necrophagous species without any requirement in this area.
This provision has been submitted to the autonomous communities, the cities of Ceuta and Melilla and the representative entities of the sectors concerned, as well as to the consideration of the National Commission of Animal By-products Not Intended for Human Consumption, of the State Commission for Natural Heritage and Biodiversity, of the State Council for Natural Heritage and Biodiversity and of the Environmental Advisory Council.
This royal decree is issued by virtue of the habilitation contained in the fifth final provision of Law 8/2003 of 24 April of animal health and under Article 149.1, Rules 16 and 23. attributes to the State exclusive competence in the field of bases and general coordination of health and basic legislation on environmental protection, respectively.
Under the proposal of the Minister for the Environment, and the Rural and Marine Environment and the Minister for Health, Social Policy and Equality, with the prior approval of the Vice-President of the Government of Territorial Policy and Minister of Territorial Policy and Public Administration, in agreement with the Council of State and after deliberation by the Council of Ministers at its meeting on 11 November 2011,
DISPONGO:
Article 1. Object and scope of application.
This royal decree aims to lay down the basic rules concerning the assumptions and conditions under which the use of animal by-products not intended for human consumption for the feeding of certain products will be permitted. species of wild fauna.
Article 2. Definitions.
1. For the purposes of this royal decree, the definitions provided for in Article 3 of Law 8/2003 of 24 April of animal health, as laid down in Article 3 of Regulation (EC) No 1069/2009 of the European Parliament and of the Council, shall apply. COM (2009) 631 of 21 October 2009 laying down the health rules for animal by-products and derived products not intended for human consumption and repealing Regulation (EC) No 1774/2002 as laid down in the Article 2 of Royal Decree 1429/2003 of 21 November on the conditions for the application of the Community legislation on animal by-products not intended for human consumption and those covered by Article 3 of Law 42/2007 of 13 December 2007 on natural heritage and biodiversity.
2. In addition,
following definitions shall apply:(a) Competent body: the competent authorities, authorities or administrative units of the autonomous communities and the cities of Ceuta and Melilla.
b) Establishment of provenance: exploitation, natural space, agricultural enterprise or food industry from which animal by-products not intended for human consumption to the feedlot or areas of protection for the feeding of necrophagous species of Community interest.
(c) Specific necrophage of Community interest: any of the ones listed in point 1 (a) of Chapter II of Section 2 of Annex VI to Regulation (EU) No 142/2011 of the Commission of 25 February 2011 laying down detailed rules for the application of Regulation (EC) No 1069/2009 of the European Parliament and of the Council laying down health rules for animal by-products and derived products not intended for human consumption; and Council Directive 97 /78/EC as regards certain samples and units exempted from the checks Veterinarians at the border by virtue of it, and which are reproduced in the annex of this royal decree.
(d) Comiedor or muladar: the place expressly provided for the feeding of animal species necrophagous.
(e) Protection zones for the feeding of necrophagous species of Community interest: zones defined by the competent organ in the management of wild fauna according to criteria of conservation need or recovery of necrophagous species of Community interest produced by the Ministry of the Environment, and the Rural and Marine Environment and the Autonomous Communities and Cities of Ceuta and Melilla, in which the feeding is authorised outside the feeders or mulates with whole bodies or parts of dead animals containing material specified risk from certain animal holdings located in those areas.
Article 3. General requirements for the authorisation of the feeding of wild animals.
1. The competent authority in the field of animal health may authorise, under conditions ensuring the control of risks to public health, the environment and animal health, the use of 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, and of Category 3 material for the feeding of wild fauna.
2. The competent authority in the field of animal health may authorise the use of whole bodies or parts of dead animals containing specified risk material at the time of disposal for the feeding of wild animals. belong to necrophagous species of Community interest, where the competent organ in the management of wild fauna has found that the food needs of these species are not covered and where safety is assured, assessment of the status of these species and their habitats, of the conservation status of those species and their habitats; species will improve by applying this measure.
3. The authorisations referred to above shall also involve the authorisation of the transport of animal by-products, in cases where it is necessary, from the establishment of provenance to the feed of necrophagous species or the area of Authorised protection for the feeding of necrophagous species. Such transport shall be carried out in accordance with Article 21 of Regulation (EC) No 1069/2009 of the European Parliament and of the Council of 21 October 2009.
Article 4. Power in feeders or mulates.
1. Applications for the authorisation of feeders for the feeding of wild animals may be submitted by the manager or responsible for the feed, by electronic means or in any of the places referred to in Article 38.4 of the Law. 30/1992 of 26 November 1992, the legal system of public administrations and the common administrative procedure. Those applications shall be addressed to the competent authority in respect of the management of wild fauna in the territory of which the feeder or the feeders, who shall transfer it to the competent body in the field of animal health, shall be registered. at least the following data:
(a) Name and address of the manager or responsible for the feed of animal by-products not intended for human consumption.
b) Geographical location of the feeder or feeders for which authorization is requested, with their geographical coordinates.
c) Species or wild species to which the feeder is intended.
(d) Relation of the establishments of provenance to be provided by animal by-products not intended for human consumption for the feeding of the necrophagous species, specifying whether they are Category 2, Category 3 or Category 1 by-products referred to in Article 3.2.
e) Estimated quantity or weight of the by-products mentioned in the previous paragraph that is intended to be provided for the feeding of the necrophagous species.
(f) The route or route provided from the place of provenance of the by-products to the muladar or mulates.
g) Written commitment of the manager or responsible for such by-products of the acceptance thereof.
The animal health authority shall issue a binding report on the animal health and shall forward it to the competent authority for the management of wild fauna to be authorised.
2. In the case where the establishments of origin of the products are not in the autonomous community or city of Ceuta or Melilla where the feeder is located, the competent authority of authorization where the feeder will be transferred of the application to the autonomous community or reference city for their knowledge.
3. Where the application concerns or includes Category 1 by-products referred to in Article 3.2, a description of the procedure provided for by the applicant shall be included in order to ensure the production and, where appropriate, the accompanying shipments, of the following documentation, to be sent periodically to the competent body in the field of animal health:
a) Identification of animals in accordance with current regulations.
(b) A documentation showing that the animals have been carried out on the basis of their age and in accordance with the sampling provided for in Chapter II of Section 2 of Annex VI to Commission Regulation (EU) No 142/2011 of 25 February 2011. 2011, the evidence provided for in Annex II to Royal Decree 3454/2000 of 22 December 2000 establishing and regulating the coordinated comprehensive programme for the surveillance and control of transmissible spongiform encephalopathies of animals, and negative result of such tests.
4. For the granting of the authorisation, the feeder or muladar must at least meet the following conditions:
(a) Be sufficiently remote from inhabited areas, and in any case more than 500 metres from stable population centres, and never be located near airports, surface water courses or groundwater that may be contaminated.
(b) Dispose of a conditioned area for feeding which is delimited and whose access is restricted to the animals of the species to be preserved, if necessary by means of fencing or by other means appropriate to the natural feeding patterns of these species.
c) Have a sufficient surface and be located in a clear area allowing access to and flight of the necrophagous species.
(d) Contar with a single access for transport vehicles and have an area in which to place animal by-products.
5. The manager or keeper shall maintain a registration system containing at least the number, species, identification of the animals, estimated weight and origin of the carcasses of the species used for feeding in the feedlot and the dates on which these contributions are made.
6. The maximum period for issuing and notifying the decision terminating the proceedings shall be that provided for in each case in the rules of the competent body, or in the absence thereof, of six months. After the same has not been issued and notified express resolution, the interested parties may understand their requests, unless the regulations of the autonomous community make sense to dismiss it from the administrative silence.
Article 5. Specific requirements for the feeding of necrophagous species of Community interest in protection zones.
1. Within the authorisation procedure initiated at the request of a party, the body responsible for animal health, on a proposal from the competent organ in the management of wild fauna, may authorise, in addition to Category 2 and Category 3 materials, the use of Category 1 materials consisting of whole bodies or parts of dead animals containing specified risk material, for the feeding of necrophagous species of Community interest, in certain livestock holdings located in the so-called protection zones, without the prior collection of the dead animals where applicable.
2. To this end, the competent authority for the management of wild fauna shall delimit the protection zones for the feeding of necrophagous species of Community interest in accordance with the following criteria and shall be included in the register a referred to in Article 7:
(a) The Natura 2000 sites defined by the presence of necrophagous species of Community interest.
(b) The territorial areas for the implementation of recovery or conservation plans for the necrophagous species of Community interest approved by the Autonomous Communities or Cities of Ceuta and Melilla.
(c) Priority areas for the feeding of necrophagous species of Community interest, where these are not represented in the preceding paragraphs.
3. In order to carry out the authorization referred to in paragraph 1, the animal health authority shall identify the livestock holdings, herds or natural areas which have been identified as being within the protection zone for the feeding of animals. Necrophagous species of special interest, meet the following conditions:
a) That they do not develop intensive livestock exploitation.
b) comply with the programme for the surveillance of transmissible spongiform encephalopathies of animals (TSE), and in particular the tests provided for in Annex II to Royal Decree 3454/2000 of 22 December 2000.
(c) Having the health status established by the competent authority in relation to the diseases submitted to National Programmes or the Autonomous Communities or Cities of Ceuta and Melilla, of Surveillance, Control and Eradication of Diseases. However, the competent authority in the field of animal health may exempt from this requirement on the basis of a risk analysis.
(d) That they are under the regular surveillance of the official veterinary services with regard to the prevalence of TSEs and diseases communicable to humans or animals.
4. If the feeding is carried out without the prior collection of the dead animals, an estimate of the likely mortality rate of the animals of the livestock holdings within the protection zone and of the animals shall be carried out. likely feeding needs of necrophagous species of Community interest, in accordance with the determination of the possible risks of disease transmission.
5. Approved livestock holdings shall maintain a registration system with at least the identification and estimated weight of the dead animals used for feeding the necrophagous species of Community interest.
6. The competent authority shall specify in the authorisation at least:
(a) Measures taken to prevent the transmission of TSEs and transmissible diseases from dead animals to humans or animals, such as specific measures on feeding patterns of the species to be preserved, seasonal food restrictions, restrictions on the movement of production animals and other measures aimed at controlling the risks of transmission of a disease communicable to persons or animals, such as measures relating to species present in the power zone for which the feed is not used animal by-products.
(b) The responsibilities of the persons or entities within the feeding zone who collaborate with the food or are responsible for the production animals, in relation to the measures referred to in the preceding point.
7. The maximum period for issuing and notifying the decision terminating the proceedings shall be that provided for in each case in the rules of the competent body, or in the absence thereof, of six months. After the same has not been issued and notified express resolution, the interested parties may understand their requests, unless the regulations of the autonomous community make sense to dismiss it from the administrative silence.
Article 6. Suspension or withdrawal of the authorisation of the feeding of wild animals.
The authorisations granted by the competent body in accordance with Articles 4 and 5 may be suspended immediately and, subject to the file in which the person concerned is heard, withdraw, if:
(a) The possibility of transmission of TSEs in a livestock holding, herd or natural space bounded as a source for such authorisation is suspected or confirmed until the risk is excluded.
(b) An outbreak of a serious disease communicable to persons or animals on a livestock holding, herd or natural space bounded as a source for such authorisation is suspected or confirmed, until it can Discard the risk.
c) In case of non-compliance with any of the rules provided for in this royal decree.
Article 7. Record.
The competent bodies shall keep an updated register with the authorisations granted in accordance with Articles 4 and 5, which shall include at least the following information:
(a) Data for applications for authorisation for feeders or muladars referred to in Article 4 (1
.(b) The information in Article 4 (3) which the user is obliged to send to the competent body regularly.
(c) livestock holdings, herds or natural spaces which are situated in the so-called protection zones for the feeding of necrophagous species of Community interest and which are authorised in accordance with Article 5.
Article 8. Information.
The competent bodies shall inform the National Commission of animal by-products not intended for human consumption, set up by Royal Decree 1429/2003 of 21 November, which will transfer to the National Commission, before 31 March of each year. Dirección General de Medio Natural y Política Forestal del Ministerio de Medio Ambiente, y Medio Rural y Marino, de las performances conducted in his territory in the previous calendar year, which will comprise, at least:
a) necrophagous species for which measures contemplated in this royal decree are adopted.
(b) Registration and geographical location of approved feeders and protection zones for the feeding of necrophagous species of Community interest.
(c) List of establishments of provenance, specifying those that supply the Category 1 by-products referred to in Article 3 (2).
(d) Total biomass (in kilograms) of by-products provided to feeders and protection zones for the feeding of necrophagous species of Community interest, separated by animal species and by by-product category according to the Regulation (EC) No 1069/2009 of the European Parliament and of the Council of 21 October 2009.
e) Results of the rapid TSE detection tests, including the number of tests performed for each species.
Article 9. Sanctioning regime.
In the event of non-compliance with the provisions of this royal decree, the regime of infringements and penalties laid down in Law 8/2003 of 24 April, or Law 42/2007 of 13 December of the Natural Heritage and the of Biodiversity, without prejudice to any possible civil, environmental, criminal or other liability responsibilities.
Single transient arrangement. Period of adaptation.
Fines that are already authorized for the entry into force of this royal decree, and which do not meet any of the requirements laid down therein, will have a one-year deadline for their adaptation.
Single repeal provision. Regulatory repeal.
Royal Decree 664/2007 of 25 May 2007 is hereby repealed and regulates the feeding of necrophagous birds with animal by-products not intended for human consumption.
Final disposition first. Competence title.
This royal decree is dictated by the provisions of Article 149.1, Rules 16. and 23. of the Constitution, which attribute to the State exclusive competence in the field of bases and general coordination of health, and legislation basic environmental protection, respectively.
Final disposition second. Ability to modify.
The head of the Ministry of the Environment, and the Rural and Marine Environment is empowered to modify the annex of this royal decree for adaptation to the Community legislation.
Final disposition third. Entry into force.
This royal decree will enter into force on the day following its publication in the "Official State Gazette".
Given in Madrid, on November 14, 2011.
JOHN CARLOS R.
The Minister of the Presidency,
RAMON JAUREGUI STUNNED
ANNEX
necrophagous species of community interest
For the purposes of this royal decree, and in accordance with point 1.a) of Section 2, Chapter II of Annex VI to Regulation (EC) No 142/2011 of the Commission of 25 February 2011, are considered to be necrophagous species of interest The (Gyps fulvus), the black vulture (Aegypius monachus), the alimoche (Neophron percnopterus), the broken vulture (Gypaetus barbatus), the Iberian imperial eagle (Aquila adalberti ), the actual eagle (Aquila chrysaetos), the actual milano (Milvus milvus) and the black milane (Milvus migrans), in addition to any sort of the order Falconiforms and the Strigiformes included in Annex I to Directive 2009 /147/EC of the European Parliament and of the Council of 30 November 2009 in areas of special protection for birds established in the framework of that Directive, and one of the species of Order Carnivora included in the list in Annex II to Directive 92/43/EEC of the Council of 21 May 1992 in areas of special conservation declared within the framework of that Directive.
