10.10.2002 Official Journal of the European Communities L 273/1 | (Acts whose publication is obligatory) REGULATION (EC) No 1774/2002 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 3 October 2002 laying down health rules concerning animal by-products not intended for human consumption THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Article 152(4)(b) thereof, Having regard to the proposal from the Commission (1), Having regard to the opinion of the Economic and Social Committee (3), Having consulted the Committee of the Regions, Acting in accordance with the procedure laid down in Article 251 of the Treaty (?), in the light of the joint text approved by the Conciliation Committee on 12 September 2002. Whereas: (1) 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- ingstuffs of animal or fish origin and amending Directive 90/425/EEC (%) established the principle that all animal waste, regardless of its source, may be used for the production of feed material following appropriate treatment. (2) The Scientific Steering Committee has adopted a number of opinions since the adoption of that Directive. Their main conclusion is that animal by-products derived from animals not fit for human consumption following health inspection should not enter the feed chain. (3) In the light of those scientific opinions, a distinction should be drawn between the measures to be imple- () O] C 96 E, 27.3.2001, p. 40. () O] C 193, 10.7.2001, p. 32. (}) Opinion of the European Parliament of 12 June 2001 (O] C 53 E of 28.2.2002, p. 84), Council Common Position of 20 November 2001 (OJ C 45E of 19.2.2002, p. 70) and Decision of the European Parliament of 13 March 2002 (not yet published in the Official Journal). Decision of the European Parliament of 24 September 2002 and Council Decision of 23 September 2002. (* O] L 363, 27.12.1990, p. 51. Directive as last amended by the 1994 Act of Accession. mented, depending on the nature of animal by-products used. The possible uses of certain animal materials should be limited. Rules should be laid down for the use of animal by-products other than in feed and for their disposal. (4) In the light of the experience gained in recent years, it is appropriate to clarify the relationship between Directive 90/667/EEC and Community environmental legislation. This Regulation should not affect the application of existing environmental legislation or hinder the devel- opment of new rules on environmental protection, particularly as regards biodegradable waste. In this regard, the Commission has given a commitment that by the end of the year 2004 a Directive on biowaste, including catering waste, will be prepared with the aim of establishing rules on safe use, recovery, recycling and disposal of this waste and of controlling potential contamination. (5) The International Scientific Conference on Meat-and-Bone Meal organised by the Commission and the European Parliament, held in Brussels on 1 and 2 July 1997, initiated a debate concerning the production and feeding of meat-and-bone meal. The Conference called for further reflection on the future policy in this area. In November 1997, to launch the widest possible public debate about the future of the Community's feed legislation, the Commission finalised a consultation paper on meat- and-bone meal. Following that consultation, it appears that there is a general recognition of the need to amend Directive 90/667/EEC to bring it in line with the new scientific information. (6) The European Parliament, in its resolution of 16 November 2000 on BSE and safety of animal feed (%), called for a ban on the use of animal protein in feed until the present Regulation enters into force. (7) Scientific advice suggests that the practice of feeding an animal species with proteins derived from the bodies, or parts of bodies, of the same species presents a risk of spreading disease. As a precautionary measure, this practice should therefore be prohibited. Implementing rules should be adopted to ensure the necessary sepa- ration of animal by-products destined for use in feed at every stage of processing, storage and transport. However, there should be scope to establish derogations from this () O] C 223, 8.8.2001, p. 281.