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EU animal by-products regulation: competent authority authorisations

The EU Animal By-Products Regulation allows member states to derogate from the basic framework of animal by-products controls in specified areas provided certain conditions are met. Some types of derogation are provided for directly in the Animal By-Products (Enforcement) (Scotland) Regulations 2013. Others will be the subject of an authorisation issued by the Scottish Ministers.

EU animal by-products regulation: competent authority authorisations
Application of animal by-products and derived products to land

B1: authorisation to apply certain category 2 and 3 materials to land without processing

Dated: 24 January 2014

Authorisation B1

The Scottish Ministers for the Scottish Government, acting as the Competent Authority for Scotland in respect of the following EU Regulations:

  • Regulation (EC) No 1069/2009* of the European Parliament and of the Council of 21 October 2009 laying down health rules as regards animal byproducts and derived products not intended for human consumption and repealing Regulation (EC) No 1774/2002
  • Commission Regulation (EU) No 142/2011* of 25 February 2011 implementing Regulation (EC) No 1069/2009 of the European Parliament and of the Council

Authorisation to apply certain category 2 and 3 materials to land without processing

In accordance with Article 13(f), 14(l) and 32(1) of Regulation (EC) No 1069/2009 and Article 5(2) and Chapter II, Annex II of Commission Regulation (EU) No 142/2011 the Scottish Ministers authorise that the following animal by-products:

  • (a) Category 2 manure, digestive tract content separated from the digestive tract, milk, milk-based products and colostrum
  • (b) Category 3 raw milk, colostrum and products derived therefrom

may be applied to land as organic fertilisers/soil improvers without processing, provided:

(i) the waiting period of at least 21 days referred to in Article 11(1)(c) of Regulation (EC) 1069/2009 is observed for all of the above animal by-products except manure; and

(ii) any restrictions in place for a suspected or confirmed disease outbreak are complied with

This authorisation applies in Scotland.

*Enforced in Scotland by the Animal By-Products (Enforcement) (Scotland) Regulations 2013