# COMMISSION REGULATION (EC) No 209/2006

of 7 February 2006

amending Regulations (EC) No 809/2003 and (EC) No 810/2003 as regards the extension of the validity of the transitional measures for composting and biogas plants under Regulation (EC) No 1774/2002 of the European Parliament and of the Council

(Text with EEA relevance)

## Preamble

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 [^1] , and in particular Article 32(1) thereof,

Whereas:

**(1)** Regulation (EC) No 1774/2002 lays down health rules concerning animal by-products not intended for human consumption. In view of the strict nature of those rules, transitional measures have been granted.

**(2)** Commission Regulation (EC) No 809/2003 of 12 May 2003 on transitional measures under Regulation (EC) No 1774/2002 of the European Parliament and of the Council as regards the processing standards for Category 3 material and manure used in composting plants [^2] provides for certain transitional measures in order to give industry time to adjust and develop alternative processing standards for Category 3 material and manure used in composting plants until 31 December 2005.

**(3)** Commission Regulation (EC) No 810/2003 of 12 May 2003 on transitional measures under Regulation (EC) No 1774/2002 of the European Parliament and of the Council as regards processing standards for Category 3 material and manure used in biogas plants [^3] provides for certain transitional measures in order to give industry time to adjust and develop alternative processing standards for Category 3 material and manure used in biogas plants until 31 December 2005.

**(4)** The parameters to be imposed following the opinion of the European Food Safety Authority (EFSA) of 7 September 2005 differ from the processing standards which Member States may authorise until 31 December 2005 pursuant to Regulations (EC) No 809/2003 and (EC) No 810/2003. Also, it will take some time for the Member States to implement the new validation procedure provided for in Commission Regulation (EC) No 208/2006 of 7 February 2006 amending Annexes VI and VIII to Regulation (EC) No 1774/2002 of the European Parliament and of the Council as regards processing standards for biogas and composting plants and requirements for manure [^4] .

**(5)** The transitional measures provided for in Regulations (EC) No 809/2003 and (EC) No 810/2003 should therefore be extended for a further period of time to enable the Member States to authorise operators to continue to apply national rules for the processing standards for Category 3 materials and manure used in composting and biogas plants.

**(6)** Regulations (EC) No 809/2003 and (EC) No 810/2003 should therefore be amended accordingly.

**(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:

## **Article 1**

In Article 1(1), Article 3(2) and Article 4, of Regulation (EC) No 809/2003, ‘31 December 2005’ is replaced by ‘31 December 2006’.

## **Article 2**

In Article 1(1), Article 3(2) and Article 4, of Regulation (EC) No 810/2003, ‘31 December 2005’ is replaced by ‘31 December 2006’.

## **Article 3**

This Regulation shall enter into force on the third day following its publication in the *Official Journal of the European Union* .

## Final provisions

This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 7 February 2006. *For the Commission* Markos KYPRIANOU *Member of the Commission*

[^1] [OJ L 273, 10.10.2002, p. 1](http://publications.europa.eu/resource/oj/JOL_2002_273_R_TOC) . Regulation as last amended by Commission Regulation (EC) No 416/2005 ( [OJ L 66, 12.3.2005, p. 10](http://publications.europa.eu/resource/oj/JOL_2005_066_R_TOC) ).

[^2] [OJ L 117, 13.5.2003, p. 10](http://publications.europa.eu/resource/oj/JOL_2003_117_R_TOC) . Regulation as amended by Regulation (EC) No 12/2005 ( [OJ L 5, 7.1.2005, p. 3](http://publications.europa.eu/resource/oj/JOL_2005_005_R_TOC) ).

[^3] [OJ L 117, 13.5.2003, p. 12](http://publications.europa.eu/resource/oj/JOL_2003_117_R_TOC) . Regulation as amended by Regulation (EC) No 12/2005.

[^4] See page 25 of this Official Journal.

[^1]: . Regulation as last amended by Commission Regulation (EC) No 416/2005 ().
[^2]: . Regulation as amended by Regulation (EC) No 12/2005 ().
[^3]: . Regulation as amended by Regulation (EC) No 12/2005.
[^4]: See page 25 of this Official Journal.