19.12.2006 Official Journal of the European Union L 360/133 COMMISSION REGULATION (EC) No 1877/2006 of 18 December 2006 amending Regulation (EC) No 878/2004 laying down transitional measures in accordance with Regulation (EC) No 1774/2002 for certain animal by-products classified as Category 1 and 2 materials and intended for technical purposes (Text with EEA relevance) 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 Articles 4(4), 5(4) and 32(1) thereof, Whereas: (1) Regulation (EC) No 1774/2002 lays down health rules concerning animal by-products not intended for human consumption. That Regulation defines animal by- products as Categories 1, 2 and 3 materials, depending on the risk arising from such products. (2)  In accordance with that Regulation, animal by-products other than Category 1 or 3 materials are defined as Category 2 material, irrespective of any further con- siderations regarding the risk arising from such products. The permitted use of animal by-products for feeding purposes is dependent on whether such material is defined as Category 1, 2 or 3 materials. While certain Category 3 material may be used for feeding purposes, Category 2 material is generally excluded from such use. (3)  However, certain animal by-products which may be considered as posing a low risk do not come within the definition of Category 3 material in Regulation (EC) No 1774/2002. The definition of such material, by default, as Category 2 material does not correspond with the risks arising from such products. (4)  Commission Regulation (EC) No 878/2004 of 29 April 2004 laying down transitional measures in accordance with Regulation (EC) No 1774/2002 for certain animal by-products classified as Category 1 and 2 materials and intended for technical purposes (%) was adopted in order to permit the continued placing on the market, export, () O) L 273, 10.10.2002, p. 1. Regulation as last amended by Commission Regulation (EC) No 208/2006 (O] L 36, 8.2.2006, p. 25). () O] L 162, 30.4.2004, p. 62. import and transit of certain animal by-products defined as Category 1 and 2 material, intended exclusively for technical uses. (5)  The Report on animal by-products (}) adopted by the Commission on 21 October 2005 and presented to the Council on 24 October 2005 reflects the difficulties concerning the definition of certain material as Category 2 material and envisages a number of amendments to Regulation (EC) No 17742002 in the course of the review of that legislation scheduled to start from the end of 2006. (6)  Pending those amendments it should be possible to use certain low risk animal by-products presently defined as Category 2 material for certain feeding and for technical purposes. Accordingly, the scope of Regulation (EC) No 878/2004 should be extended in order to permit the use of certain Category 2 low risk material for the manu- facture of technical products and for certain feeding purposes. (7)  Regulation (EC) No 878/2004 should therefore be amended accordingly. (8)  The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health, HAS ADOPTED THIS REGULATION: Article 1 Commission Regulation (EC) No 878/2004 is amended as follows: 1. The title is replaced by the following: ‘Commission Regulation (EC) No 878/2004 of 29 April 2004 laying down transitional measures for certain animal by-products defined as Category 1 and 2 materials, in accordance with Regulation (EC) No 1774/2002 of the European Parliament and of the Council'. () COM(2005) 521 final.