COMMISSION REGULATION (EU) 2020/762 of 9 June 2020 amending Regulation (EU) No 142/2011 as regards microbiological standards for raw petfood, requirements concerning approved establishments, technical parameters applicable to the alternative method Brookes’ gasification process and hydrolysis of rendered fats, and exports of processed manure, certain blood, blood products and intermediate products (Text with EEA relevance)

(1)

Commission Regulation (EU) No 142/2011 (2) 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. Those rules also include microbiological standards for raw pet food, requirements concerning certain approved establishments, conditions for imports of horns and horn products, hooves and hoof products, and the rules for exports of processed manure, certain blood, blood products and intermediate products.

(2)

In accordance with Article 26(1) of Regulation (EC) No 1069/2009, plants approved or registered in accordance with Article 4 of Regulation (EC) No 853/2004 of the European Parliament and of the Council of the European Parliament and of the Council (3) or in accordance with Article 6 of Regulation (EC) No 852/2004 (4) may, under certain conditions, treat, process or store animal by-products generated on-site. Therefore, it is appropriate that approved slaughterhouses may apply certain chemical methods, other than those listed as standard or alternative processing methods, to preserve certain Category 3 materials generated on-site in order to obtain a liquid volume, which can be more easily stored and transported.

(3)

Chemical preservation, other than authorised as alternative processing method, does not process raw materials into derived products. For the purpose of legal certainty, it is necessary to provide for rules on the storage, transport and subsequent disposal or use of these materials. Article 19 of Regulation (EU) No 142/2011 and Annex IX thereto should be amended accordingly.

(4)

Annex I to Regulation (EU) No 142/2011 provides for a definition of growing media. Growing media are widely use in the production of mushrooms. Definition of growing media should address the use of growing media in mushroom production.

(5)

A definition of ‘process hygiene criterion’ should be introduced in Annex I to Regulation (EU) No 142/2011 in order to replace in point 6 of Chapter II of Annex XIII thereto the current product standard based on Enterobacteriaceae counts with values for the required number of samples and the limits for Enterobacteriaceae as a criterion indicating the acceptable functioning of the production process.

(6)

Annex I to Regulation (EU) No 142/2011 should be amended accordingly.

(7)

In the light of new scientific and technical developments, the temperature parameters for the Brookes’ gasification process should be aligned with the existing standards for incineration of animal by-products. Annex IV to Regulation (EU) No 142/2011 should be amended accordingly.

(8)

Chapter II of Annex VIII to Regulation (EU) No 142/2011 sets out requirements for the identification of animal by-products, including labelling. Raw petfood should be labelled accordingly to prevent the contamination of food or the infection of humans.

(9)

Annex VIII to Regulation (EU) No 142/2011 should be amended accordingly.

(10)

Commission Regulation (EC) No 2073/2005 (5) introduced process hygiene criteria to ensure the safety of foodstuffs based on a scientific risk assessment. Following the same principles, the safety of raw petfood may be maintained if provisions on compliance with process hygiene criteria established for meat preparation, i.e. unprocessed meat for human consumption, laid down in point 2.1.8 of Chapter 2 of Annex I to Regulation (EC) No 2073/2005, replace the existing microbiological standards for Enterobacteriaecae in the product. Chapter II of Annex XIII to Regulation (EU) No 142/2011 should therefore be amended accordingly.

(11)

For the promotion of science, a derogation should be granted to certain objects in natural history collections. The requirements on game trophies and other preparations as set out in Chapter VI of Annex XIII to Regulation (EU) No 142/2011 should be amended accordingly.

(12)

Chapter XI of Annex XIII to Regulation (EU) No 142/2011 sets out specific requirements for fat derivatives. It should be clarified that processing should reach at least the temperature required therein. Chapter XI of Annex XIII Regulation (EU) No 142/2011 should be corrected accordingly.

(13)

The requirements for imports of certain products obtained from bones, horns and hoofs set out in point 2(d) of Section 7 of Chapter II of Annex XIV to Regulation (EU) No 142/2011 may be understood as cumulative requirements. Point 2(d) should be revised in order to clarify that those requirements apply alternatively.

(14)

Chapter V of Annex XIV sets out rules for the export of processed manure. Following revision of requirements for export of organic fertilisers and soil improvers of Category 3 materials laid down in Regulation (EC) No 999/2001 of the European Parliament and of the Council (6), it is necessary to align rules for export of processed manure with the above-mentioned new requirements.

(15)

Article 43 of Regulation (EC) No 1069/2009 stipulates that export of certain Category 1 and 2 materials may be authorised only under harmonised rules. Annex XII as well as Sections 2 and 3 of Chapter II of Annex XIV to Regulation (EU) No 142/2011 provide the conditions under which certain blood, blood products and intermediate products may be imported for the production of final pharmaceutical products or in order to be subject to a particular production step in the manufacturing chain of pharmaceuticals. The export of blood, blood products and intermediate products, which comply with the requirements for the import or placing on the market, should therefore be authorised and the rules for export be established in Chapter V of Annex XIV to Regulation (EU) No 142/2011.

(16)

Chapter V of Annex XIV to Regulation (EU) No 142/2011 should be amended accordingly.

(17)

The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on Plants, Animals, Food and Feed,

(1)

Article 19 is amended as follows:

(2)

Annexes I, IV, VIII, IX, XIII and XIV are amended in accordance with the text set out in the Annex to this Regulation.