13.5.2003 Official Journal of the European Union L117/37 COMMISSION DECISION of 12 May 2003 as regards a derogation from the intra-species recycling ban for fur animals under Regulation (EC) No 1774/2002 of the European Parliament and of the Council (notified under document number C(2003) 1496) (Only the Finnish and Swedish texts are authentic) (Text with EEA relevance) (2003/324[EC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to 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 ('), and in particular Article 22(2) thereof, Whereas: (1) Regulation (EC) No 1774/2002 provides for a prohibi- tion on the feeding of animals with processed animal protein derived from animals of the same species. Dero- gations may be granted in relation to fur animals after consultation of the appropriate scientific committee. (2)  The Scientific Steering Committee issued an opinion on 24 and 25 June 1999 on the risks of non-conventional transmissible agents, conventional infectious agents or other hazards such as toxic substances entering the human food or animal feed chains via raw material from fallen stock and dead animals or via condemned mate- rials. That opinion was updated on 13 July 1999. The opinion refers to the risks related to the feeding of fur animals with processed animal protein derived from animals of the same species. (3)  On 17 September 1999 the Scientific Steering Committee adopted an opinion with regard to intra- species recycling on the risk born by recycling animal by-products as feed with regard to propagating TSE in non-ruminant farmed animals. (4)  According to those scientific opinions fur animals recy- cling may be considered in certain regions on the basis of well documented grounds which ensure that the presence of TSE agent in the population concerned is unlikely. Those opinions also set out the conditions that are necessary in order to minimise the TSE risk. (5)  Finland has submitted a request for a derogation on intra-species recycling ban for fur animals. The request fulfils the conditions required in the opinions adopted by the Scientific Steering Committee to minimise the TSE risk. () OJ L 273,10.10.2002, p. 1. (6)  Accordingly, a derogation should be granted to Finland from the intra-species recycling ban for fur animals under Regulation (EC) No 1774/2002. In order to avoid a risk to public and animal health, that derogation should be subject to certain conditions. (7)  The measures provided for in this Decision are in accor- dance with the opinion of the Standing Committee on the Food Chain and Animal Health, HAS ADOPTED THIS DECISION: Article 1 Derogation to Finland for certain fur producing animals Pursuant to Article 22(2) of Regulation (EC) No 1774/2002, a derogation is granted to Finland with regard to the feeding of the following fur animals with processed animal protein derived from the bodies or parts of bodies of animals of the same species: (a) foxes (Vulpes vulpes and Alopex lagopus); and (b) raccoon dogs (Nycteroites procynoides). Article 2 Approvals for registered farms The competent authority may grant approval to registered farms for the feeding of the species referred to in Article 1 with processed animal protein derived from the bodies or parts of bodies of animals of the same species. Such approval shall only be granted to registered farms: (a) on the basis of an application that is accompanied by docu- mentation proving that there is no reason to suspect the presence of the TSE agent in the population of the species covered by the application; (b) where an appropriate surveillance system for TSEs in fur animals is in place and includes regular laboratory testing of samples for TSE; and (c) providing appropriate guarantees that no animal by- product or processed animal protein derived from those animals or their offspring may enter the food or feed chain of other animals than fur animals;