13.5.2003 Official Journal of the European Union L117/35 COMMISSION DECISION of 12 May 2003 on transitional measures under Regulation (EC) No 1774/2002 of the European Parliament and of the Council as regards the total separation of category 1 and 2 materials from category 3 material in intermediate plants (notified under document number C(2003) 1495) (Only the French and Italian texts are authentic) (Text with EEA relevance) (2003/323[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 32(1) thereof, Whereas: (1) Regulation (EC) No 1774/2002 provides for a complete revision of Community rules concerning animal by- products not intended for human consumption, including the introduction of a number of strict require- ments. In addition, it provides that appropriate transi- tional measures may be adopted. 2)  In view of the strict nature of those requirements, it is necessary to provide for transitional measures for France and Italy in order to allow industry sufficient time to adjust. In addition, alternative collection, transport, storage, handling, processing and uses for animal by- products need to be further developed as well as disposal methods for those by-products. (3)  Accordingly, as a temporary measure a derogation should be granted to France and Italy to enable them to authorise operators to continue to apply national rules for the separation of category 1 and 2 materials from category 3 material in intermediate plants. (4)  In order to prevent a risk to animal and public health appropriate control systems should be maintained in France and Italy for the period of the transitional measures. (5)  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, () OJ L 273,10.10.2002, p. 1. HAS ADOPTED THIS DECISION: Atrticle 1 Derogation regarding the separation of category 1 and 2 materials from category 3 material in intermediate plants Pursuant to Article 32(1) of Regulation (EC) No 1774/2002 and by way of derogation from Article 10(2) of that Regula- tion, France and Italy may continue to grant individual approvals until 30 April 2004 at the latest to operators of premises and facilities to apply national rules for the separation of category 1 and 2 materials from category 3 material in inter- mediate plants not complying with the requirements set out in Chapter I(1)(a) and Chapter 1I(B)(6) of Annex III to that Regula- tion, provided that the national rules: (a) ensure that collection, handling, temporary storage and dispatching of category 3 is done in ways that prevent cross-contamination with category 1 and 2 materials; (b) are only applied in premises and facilities that applied those rules on 1 November 2002; and (c) comply with the rest of the requirements of Annex IIl to Regulation (EC) No 1774/2002. Atticle 2 Control measures The competent authority shall take the necessary measures to control compliance by authorised operators of premises and facilities with the conditions set out in Article 1. Atticle 3 Withdrawal of approvals and disposal of material not complying with this Decision 1. Individual approvals by the competent authority for the separation of category 1 and 2 materials from category 3 mate- rial in intermediate plants shall be immediately and perma- nently withdrawn in respect of any operator, premises or facil- ities if the conditions set out in this Decision are no longer fulfilled.