Date: 2021-06-04Category: Not ApplicableState: Union GovernmentCountry: Europe
Commission Regulation (EU) 2021/899 of 3 June 2021 amending Regulation (EU) No 142/2011 as regards transitional measures for the export of meat-and-bone meal as a fuel for combustion (Text with EEA relevance)
Issued by European Commission
· Directorate-General for Health and Food Safety
Executive Summary:
Commission Regulation (EU) 2021/899 amends Regulation (EU) No 142/2011 to allow for transitional measures regarding the export of Category 1 meat-and-bone meal (MBM) as fuel. Ireland is authorized to export MBM of Category 1 to the United Kingdom for combustion until December 31, 2023, under specific conditions. This regulation took effect on June 6, 2021, and applies from January 1, 2021.
Key Points / Main Content:
* **Amendment:** Chapter V of Annex XIV to Regulation (EU) No 142/2011 is amended.
* **Transitional Measure for Ireland:**
* Ireland may authorize the export of Category 1 MBM to the United Kingdom for combustion until December 31, 2023.
* This is allowed given Ireland's geographical situation and plans to establish its own combustion capacities.
* Movements of MBM for disposal must have taken place from Ireland prior to January 1, 2021, under the conditions laid down in Article 66, 7 and 8.
* **Conditions for Export:**
* The competent authority of Ireland must authorize the export to the combustion plant in the United Kingdom by December 31, 2023.
* The destination combustion plant must be authorized to combust imported Category 1 MBM, confirmed by the import license issued by the United Kingdom.
* The MBM must be derived from processing methods 1, 2, 3, 4, or 5 and marked per Chapter V of Annex VIII.
* Consignments must be sent in sealed containers directly from the processing or storage plant to the combustion plant.
* Operators must present consignments to the border control post of exit.
* The competent authority at the border control post of exit shall carry out official controls, in particular on the integrity of the seal.
* The competent authority at the border control post shall inform, via TRACES, the competent authority indicated in box I.4 of the commercial document of the arrival of the consignment at the point of exit and, where applicable, of the outcome of the verification of the seal and of any corrective action taken.
* The competent authority responsible for the processing plant of origin shall carry out risk based official controls to verify compliance.
* **Northern Ireland Exclusion:** References to the United Kingdom do not include Northern Ireland.
* **Enforcement and Compliance:**
* Competent authorities will conduct risk-based official controls to verify compliance.
* Non-compliance may lead to prohibition of MBM movements.
Impact Analysis:
Ireland:
Impact: Permitted to export Category 1 MBM to the UK for combustion under specific conditions until December 31, 2023, facilitating disposal during their transition to establishing own combustion capacities.
Action Required: Authorize exports to UK combustion plants by December 31, 2023, ensure compliance with processing, marking, and consignment conditions, conduct risk-based official controls, and ensure confirmation of controls carried out at the exit point was received from the competent authority of the border control post, through TRACES.
United Kingdom (excluding Northern Ireland):
Impact: Can import Category 1 MBM from Ireland for combustion in authorized plants until December 31, 2023.
Action Required: Ensure combustion plants are appropriately authorized, issue import licenses, and ensure compliance with import regulations.
Operators (involved in processing, storage, and transport of MBM):
Impact: Must adhere to specific requirements related to processing methods, marking, container sealing, and presentation of consignments at border control posts.
Action Required: Comply with processing, marking, and consignment conditions; present consignments to the border control post of exit.
Border Control Posts:
Impact: Responsible for conducting official controls on MBM consignments, especially seal integrity, and reporting outcomes via TRACES.
Action Required: Carry out official controls on the consignments referred to in point e, in particular on the integrity of the seal. Inform, via TRACES, the competent authority indicated in box I.4 of the commercial document of the arrival of the consignment at the point of exit and, where applicable, of the outcome of the verification of the seal and of any cor rective action taken.
European Commission:
Impact: Amended Regulation (EU) No 142/2011 to provide transitional measures for Ireland.
Action Required: Monitor the implementation of the regulation and assess its effectiveness.
Key Entities Referenced
European Union: A political and economic union of member states located primarily in Europe.
European Commission: An institution of the European Union, responsible for proposing legislation, implementing decisions, upholding the EU treaties and managing the day-to-day business of the EU.
Ireland: A country in Europe, a member state of the European Union. In this context, Ireland is requesting authorization to export Meat-and-bone meal (MBM) to the United Kingdom.
United Kingdom: A country in Europe. The policy addresses the export of Meat-and-bone meal (MBM) from Ireland to the United Kingdom, excluding Northern Ireland.
Northern Ireland: A region within the United Kingdom to which Union law applies under the Protocol on Ireland/Northern Ireland.
Regulation EU No 142/2011: A European Union regulation laying down public and animal health rules for placing on the market and export of animal by-products and derived products.
Regulation EC No 1069/2009: A European Parliament and Council regulation laying down health rules as regards animal by-products and derived products not intended for human consumption.
Meat-and-bone meal (MBM): Animal by-product that is the subject of this regulation. Specifically, Category 1 MBM intended for use as fuel for combustion.
L 197/68 E N O f f i c i a l J o u r n a l o f t h e E u r o p e a n Union 4.6.2021
COMMISSION REGULATION (EU) 2021/899
of 3 June 2021
amending Regulation (EU) No 142/2011 as regards transitional measures for the export of meat-and-
bone meal as a fuel for combustion
(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 2009laying
down health rules as regards animal by-products and derived products not intended for human consumption and repealing
Regulation (EC) No 1774/2002(1), and in particular the first subparagraph of Article 43(3) thereof,
Whereas:
(1) Commission Regulation (EU) No 142/2011(2)lays down public and animal health rules for placing on the market
and export of animal by-products and derived products.
(2) Article 12 of Regulation (EC) No 1069/2009 in conjunction with Article 7(2) of that Regulation stipulate that
Category 1 meat-and-bone meal (MBM) is to be disposed of by incineration, co-incineration or landfill or may be
used as a fuel for combustion to prevent the re-entry into and the contamination of the feed chain.
(3) The competent authorities of Ireland communicated their plans to have established own combustion capacities for
MBM of Category 1 materials by the end of 2023, and requested that during a transitional period traditional trade
flows of MBM of Category 1 materials intended for disposal in the United Kingdom be authorised.
(4) After assessing Ireland’s request, the Commission, given the particular geographical situation of that Member State,
considers it necessary to establish rules in Chapter V of Annex XIV to Regulation (EU) No 142/2011 on the basis of
which Ireland may authorise the export to the United Kingdom of MBM of Category 1 materials complying with the
requirements for the placing on the market for the purpose of combustion until 31 December 2023, without
prejudice to the application of Union law to and in the United Kingdom in respect of Northern Ireland in
accordance with the Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland
from the European Union and the European Atomic Energy Community, and in particular Article 5(4) of the
Protocol on Ireland/Northern Ireland in conjunction with Annex 2 to that Protocol, and subject to Article 6(1) of
that Protocol, which allows movements of MBM of Category 1 materials for combustion to other parts of the
United Kingdom than Northern Ireland.
(5) Annex XIV to Regulation (EU) No 142/2011 should therefore be amended accordingly.
(6) In order to ensure the continuity of existing trade flows after the end of the transition period, this Regulation should
apply from 1 January 2021and should therefore, as a matter of urgency, enter into force on the third day following
that of its publication in the Official Journal of the European Union.
(7) The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on
Plants, Animals, Food and Feed,
(1) OJ L 300, 14.11.2009, p. 1.
(2) 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 97/78/EC as regards certain samples and items exempt from veterinary checks at
the border under that Directive (OJ L 54, 26.2.2011, p. 1).4.6.2021 E N O f f i c i a l J o u r n a l o f t h e E u r o p e a n Union L 197/69
HAS ADOPTED THIS REGULATION:
Article 1
Chapter V of Annex XIV to Regulation (EU) No 142/2011 is amended in accordance with the Annex to this Regulation.
Article 2
This Regulation shall enter into force on the third day following that of its publication in the Official Journal of the European
Union.
It shall apply from 1 January 2021.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 3 June 2021.
For the Commission
The President
Ursula VON DER LEYENL 197/70 E N O f f i c i a l J o u r n a l o f t h e E u r o p e a n Union 4.6.2021
ANNEX
In the table in Chapter V of Annex XIV to Regulation (EU) No 142/2011, a new row is added as follows:
‘3 Meat-and-bone meal of Category 1 materials. Meat-and-bone meal (MBM) of Category 1 material intended as
a fuel for combustion shall only be exported from Ireland to the
United Kingdom*, under the following conditions:
(a) the competent authority of Ireland has authorised the export
to the combustion plant in the United Kingdom not later
than 31 December 2023, provided such movements of
MBM of Category 1 materials intended for disposal have ta
ken place from that Member State prior to 1 January 2021
under the conditions laid down in Article 6(6), (7) and (8);
(b) the combustion plant of destination is authorised for the
combustion of imported MBM of Category 1 materials in
the import license issued by the United Kingdom;
(c) the MBM of Category 1 material
— was obtained solely from the processing in accordance
with the Processing method 1 (pressure sterilisation) 2,
3, 4 or 5 referred to in Chapter III of Annex IV,
— is marked in accordance with Chapter V of Annex VIII;
(d) the consignment of MBM is sent in sealed containers di
rectly from the processing plant or storage plant referred
to in Article 24(1)(a) or (j)(ii) of Regulation (EC)
No 1069/2009 to the combustion plant of destination;
(e) operators shall present consignments of MBM to the border
control post of exit;
(f) the competent authority of the border control post of exit
shall carry out official controls on the consignments referred
to in point (e), in particular on the integrity of the seal.
In case the integrity of the seal is compromised, the rules set
out in Article 138(2)(d) and (g) of Regulation (EU)
2017/625 of the European Parliament and of the Council**
shall apply;
(g) the competent authority at the border control post shall
inform, via TRACES, the competent authority indicated in
box I.4 of the commercial document of the arrival of the
consignment at the point of exit and, where applicable, of
the outcome of the verification of the seal and of any cor
rective action taken.
The competent authority responsible for the processing
plant of origin shall carry out risk based official controls
to verify compliance with the first paragraph and to verify
that, for each consignment of MBM, the confirmation of
the control carried out at the exit point was received from
the competent authority of the border control post,
through TRACES.
In case of non-compliance, the competent authority may pro
hibit such movements of a consignment of MBM of Category 1
material intended as a fuel for combustion in accordance with
Article 138(2)(d) of Regulation (EU) 2017/625.
* In accordance with the Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European
Union and the European Atomic Energy Community, and in particular Article 5(4) of the Protocol on Ireland/Northern Ireland in
conjunction with Annex 2 to that Protocol, for the purposes of this Annex references to the United Kingdom do not include Northern
Ireland.
**Regulation (EU) 2017/625 of the European Parliament and of the Council of 15 March 2017on official controls and other official
activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant
protection products, amending Regulations (EC) No 999/2001, (EC) No 396/2005, (EC) No 1069/2009, (EC) No 1107/2009, (EU)
No 1151/2012, (EU) No 652/2014, (EU) 2016/429 and (EU) 2016/2031 of the European Parliament and of the Council, Council
Regulations (EC) No 1/2005 and (EC) No 1099/2009 and Council Directives 98/58/EC, 1999/74/EC, 2007/43/EC, 2008/119/EC
and 2008/120/EC, and repealing Regulations (EC) No 854/2004 and (EC) No 882/2004 of the European Parliament and of the
Council, Council Directives 89/608/EEC, 89/662/EEC, 90/425/EEC, 91/496/EEC, 96/23/EC, 96/93/EC and 97/78/EC and Council
Decision 92/438/EEC (Official Controls Regulation) (OJ L 95, 7.4.2017, p. 1).’