28. 10. 97 Official Journal of the European Communities L 254/7 COMMISSION DECISION of 21 October 1997 concerning certain protection measures with regard to trade in certain types of mammalian animal waste (Text with EEA relevance) (97/735/EC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Directive 90/425/EEC of 26 June 1990 concerning veterinary and zootechnical checks applicable in intra-Community trade in certain live animals and products with a view to the completion of the internal market ('), as last amended by Directive 92/118/EEC (3, and in particular Article 10 (4) thereof, Whereas following scientific results on the inactivation of the agents of bovine spongiform encephalopathy (BSE) and scrapie, Commission Decision 96/449/EC (°) has laid down rules for the approval of alternative heat-treatment systems for the processing of mammalian animal waste in the Community; Whereas during recent inspections and bilateral meetings certain Member States indicated that difficulties have been encountered in the implementation of the proces- sing standards laid down in the Annex to Decision 96/449/EC; whereas pending full implementation of those processing standards, mammalian animal waste continues to be treated in systems which are ineffective for the complete inactivation of transmissible spongiform encephalopathy (TSE) agents; whereas Member States may authorize the processing of mammalian animal waste by a method which does not comply with the processing standards set out in the Annex to Decision 96/449/EC if such processing is preceded or followed by a process which achieves the parameters set out in that Annex or if the resulting proteinaceous material is destroyed by burial, incineration, burning as fuel or a similar method which ensures safe disposal; Whereas mammalian meat-and-bone meal not produced in accordance with the Annex to Decision 96/449/EC could represent a risk for animal health regarding trans- mission of TSE agents; whereas it is necessary to prohibit the sending of such meat-and-bone meal to other () OJ L 224, 18. 8. 1990, p. 29. () OJ L 62, 15. 3. 1993, p. 49. () OJ L 184, 24. 7. 1996, p. 43. Member States except under certain circumstances; whereas, in addition, the same prohibition should also apply to exports to third countries so as to prevent de- flections of trade; Whereas some Member States have informed the Commission that they do not have sufficient capacity on their territory to incinerate processed mammalian animal waste which has not been treated in accordance with Decision 96/449/EC and which was derived from carcasses of animals killed in the context of disease- control measures or containing parts of animals excluded from the feed and food chain according to national erad- ication plans for BSE; whereas such material is an inter- mediate product; whereas such material may be sent to other Member States for incineration or burning as fuel; whereas it is necessary to set strict conditions to ensure that such material is safely disposed of and cannot enter any food or feed chain; whereas pursuant to Commission Decision 96/239/EC (%), as amended by Decision 96/362/EC (), that possibility is not applicable to the United Kingdom; Whereas some Member States have informed the Commission that some rendering plants are still in the process of complying with Decision 96/449/EC because of difficulties in the supply of new equipment; whereas in the meantime those plants are not permitted to place their meat-and-bone meal on the market; whereas under Article 4 of Council Directive 90/667/EEC of 27 November 1990 laying down the veterinary rules for the disposal and processing of animal waste, for its placing on the market and for the prevention of pathogens in feed- stuffs of animal or fish origin and amending Directive 90/425/EEC (¢), as last amended by the Act of Accession of Austria, Finland and Sweden, a Member State may decide to designate a high-risk processing plant in another Member State after agreement with the other Member State; whereas it is necessary for a transitional period, pending the full implementation of Decision 96/449/EC, to set strict conditions to ensure that such meat-and-bone meal is further processed in the other Member State by a process which achieves the parameters set out in the Annex to that Decision; whereas pursuant to Decision 96/239/EC that possibility is not applicable to the United Kingdom; 78, 28. 3. 1996, p. 47. 139, 12. 6. 199, p. 17. 363, 27. 12. 1990, p. 51. ZE3 O o e