14.11.2012 Official Journal of the European Union L 314/5 COMMISSION REGULATION (EU) No 1063/2012 of 13 November 2012 amending Regulation (EU) No 142/2011 implementing Regulation (EC) No 1069/2009 of the European Parliament and of the Council laying down health rules as regards animal by-products and derived products not intended for human consumption and implementing Council Directive 97|78|EC as regards certain samples and items exempt from veterinary checks at the border under that Directive (Text with EEA relevance) THE EUROPEAN COMMISSION, Having regard to the Treaty on the Functioning of the European Union, Having regard to Regulation (EC) No 1069/2009 of the European Parliament and of the Council of 21 October 2009 laying down health rules as regards animal by-products and derived products not intended for human consumption and repealing Regulation (EC) No 17742002 ('), and in particular Article 21(6)(d) and Article 40(b), (d) and (f) thereof, Whereas: 1 () ) 0] 0] Regulation (EC) No 1069/2009 lays down public and animal health rules for animal by-products and derived products, in order to prevent and minimise risks to public and animal health arising from those products. Wool and hair obtained from animals that did not show any signs of disease communicable through that product to humans or animals should be declared as a Category 3 material referred to in Article 10(h) and (n) of that Regulation. Commission  Regulation (EU) No 142/2011 of 25 February 2011 implementing Regulation (EC) No 1069/2009 of the European Parliament and of the Council laying down health rules as regards animal by- products and derived products not intended for human consumption and implementing Council Directive 97/78EC as regards certain samples and items exempt from veterinary checks at the border under that Direc- tive (%), amongst other things lays down implementing rules for placing on the market of wool and hair. Dry untreated wool and hair securely enclosed in packaging do not present a risk of spreading disease, provided they are dispatched directly to a plant producing derived products for uses outside the feed chain or to a plant carrying out intermediate operations under conditions which prevent the spreading of pathogenic agents. Member States should therefore have the possibility to exempt operators which transport such untreated wool and hair directly to the above mentioned L 300, 14.11.2009, p. 1. L 54, 26.2.2011, p. 1. () http htm plant from the obligation to notify provided for in Article 23(1)(a) of Regulation (EC) No 1069/2009. Article 20(4) of Regulation (EU) No 142/2011 should therefore be amended accordingly. Point B of Chapter VII of Annex XIII to Regulation (EU) No 142/2011 provides the end point for wool and hair. Article 8.5.35 of the Terrestrial Animal Health Code of the World Organisation for Animal Health (OIE) (}), provides for a list of procedures for the inactivation of the foot-and-mouth disease virus in wool and hair of ruminants for industrial use. Therefore, the current treatments for placing on the market within the EU, as well as for imports from third countries, of wool and hair laid down in Article 25(2) of Regulation (EU) No 142/2011 should be supplemented by internationally  recognised procedures for the inactivation of the foot-and-mouth disease virus in wool and hair of ruminants for industrial use. However, Member States have the opportunity to accept any other method which ensures that no unacceptable risks remain after treatment of wool and hair including a factory washing method which is different to OIE stan- dards. Untreated wool and hair of ruminants intended for the textile industry do not present an unacceptable animal health risk, provided they are produced from ruminants kept in countries or regions listed in Part 1 of Annex II to Commission Regulation (EU) No 206/2010 of 12 March 2010 laying down lists of third countries, territories or parts thereof authorised for the introduction into the European Union of certain animals and fresh meat and the veterinary certification requirements (%) and authorised for imports into the Union of fresh meat of ruminants not subject to supplementary guar- antees A and F mentioned therein. In addition the third country or region thereof of origin of the wool and hair should be free of foot-and-mouth disease and, in the case of wool and hair from sheep and [ [www.oie.int/index.php?id=169&L=0&htmfile=chapitre_1.8.5. (* OJ L 73, 20.3.2010, p. 1.