L117/14 Official Journal of the European Union 13.5.2003 COMMISSION REGULATION (EC) No 811/2003 of 12 May 2003 implementing Regulation (EC) No 1774/2002 of the European Parliament and of the Council as regards the intra-species recycling ban for fish, the burial and burning of animal by-products and certain transitional measures (Text with EEA relevance) THE COMMISSION OF THE EUROPEAN COMMUNITIES, (6)  In order to take account of that opinion it is necessary Having regard to the Treaty establishing the European Community, Having regard to the Regulation (EC) No 1774/2002 of the European Parliament and of the Council laying down health rules concerning animal-by-products not intended for human consumption (!), as amended by Commission Regulation (EC) No 808/2003 (3, and in particular Article 22(2), Article 24(6) and Article 32(1) 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 fish after consulta- tion of the appropriate scientific committee. (2)  The Scientific Steering Committee issued an opinion on 17 September 1999 on the risks arising from recycling animal by-products as feed with regard to propagating TSE in non-ruminant farmed animals. It also issued another opinion on 6 and 7 March 2003 on the feeding of wild fishmeal to farmed fish and recycling of fish with regard to the risk of TSE. The Scientific Committee on Animal Health and Animal Welfare adopted an opinion on 26 February 2003 on the use of fish by-products in aquaculture. According to those scientific opinions, the potential risk from recycling fish may be reduced by fulfilling a number of conditions. (3)  Accordingly, a derogation should be granted from the intra-species recycling ban for fish 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. (4) It is necessary to provide for transitional measures, to allow adequate time for the industry to adjust to the new requirements. (5)  The Scientific Steering Committee issued an opinion on 16 and 17 January 2003 on the safety vis-a-vis TSEs as regards the burial and burning of potentially TSE infected animal materials. () OJ L 273, 10.10.2002, p. 1. () See page 1 of this Official Journal. to lay down implementing measures pursuant to Article 24(6) of Regulation (EC) No 1774/2002 on how burial and burning of animal by-products should be carried out. (7)  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: Atrticle 1 Transitional measures regarding the intra-species recycling ban for fish Pursuant to Article 32(1) of Regulation (EC) No 1774/2002, the Member States may continue to apply until 31 December 2003 at the latest current standards and rules on the feeding of fish without implementing the ban provided for in point (1)(a) of Article 22 of that Regulation with regard to fish. Atticle 2 Derogation from the intra-species recycling ban for certain fish 1. Pursuant to Article 22(2) of Regulation (EC) No 1774/ 2002, a derogation is granted to Member States with regard to the feeding of fish with processed animal protein derived from the bodies or parts of bodies of animals of the same species. 2. However, the derogation provided for in the paragraph 1 shall not apply to the feeding of farmed fish with processed animal protein derived from farmed fish of the same species. Atticle 3 By-products from wild fish Wild fish and by-products from wild fish caught in the open sea or in lakes may be used: (a) for the production of feed for fish; and (b) as feed for fish.