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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
Other authorisations

D6: authorisation to use other specific requirements for transformation of catering waste, mixtures of catering waste with other materials and certain derived products, in biogas and composting plants

Dated: 24 January 2014

Authorisation D6

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 use other specific requirements for transformation of catering waste, mixtures of catering waste with other materials and certain derived products, in biogas and composting plants

In accordance with Article 15(2)(a)(ii) of Regulation (EC) 1069/2009 and Article 10(3) and Point 2, Section 2, Chapter III, Annex V to Commission Regulation (EU) No 142/2011 the Scottish Ministers authorise by way of derogation from Point 1, Section 2, Chapter III of Annex V the use of other specific requirements in respect of:

1. catering waste and catering waste mixed with the materials in Point 2(b) of Section 2, Chapter III, Annex V of Commission Regulation (EU) No 142/2011

2. Category 3 material, where category 3 catering waste is: 
(i) used as provided in Point 2(a), Section 2, Chapter III, Annex V of Commission Regulation (EU) No 142/2011; or 
(ii) mixed in accordance with Point 2(b) of that Section
 
The specific requirements that are authorised are attached at Annex A
 
Where the only starting materials of animal origin being treated in an approved biogas or composting plant are the materials referred to in Point 2(b), Section 2, Chapter III, Annex V of Commission Regulation (EU) No 142/2011 or derived products referred to in Article 10(g) of Regulation (EC) No 1069/2009 the use of other specific requirements to those specified in Chapter III may be used provided the conditions of Point 3, Section 2, Chapter III of Annex V are complied with.
 
This authorisation applies in Scotland.
 
*Enforced in Scotland by the Animal By-Products (Enforcement) (Scotland) Regulations 2013

Annex A

Part 1:

1. (1) There shall be:

(a) a reception area in which untreated animal by-products (including catering waste) are received 
(b) an area in which vehicles and containers are cleansed and disinfected with adequate facilities for doing this; and
(c) a clean area in which treated compost or digestion residues are stored
 
(2) The clean area shall be adequately separated from the reception area and the area in which vehicles and containers are cleansed and disinfected so as to prevent contamination of the treated material. Floors shall be laid so that liquid cannot seep into the clean area from the other areas.
 
(3) The reception area shall be easy to clean and disinfect and shall have an enclosed and lockable place or container to receive and store the untreated animal by-products.
 
2. The animal by-products shall be unloaded in the reception area and either:
(a) treated immediately; or
(b) stored in the reception area and treated without undue delay
 
3. The plant shall be operated in such a way that:
(a) treated material is not contaminated by untreated or partially treated material or liquids arising from it; and
(b) partially treated material is not contaminated with material which has not been treated to the same extent or liquids arising from it
 
4. The operator shall identify, control and monitor suitable critical points in the operation of the plant to demonstrate that:
(a) the Animal By-Products (Enforcement) (Scotland) Regulations 2013 and  Regulation (EC) No 1069/2009 and Commission Regulation (EU) No 142/2011 are complied with
(b) treated material is not contaminated by untreated or partially treated material or liquids arising from it; and
(c) partially treated material is not contaminated with material which has not been treated to the same extent or liquids arising from it
 
5. Containers, receptacles and vehicles used for transporting untreated animal byproducts shall be cleaned in the dedicated area before they leave the premises and before any treated material is loaded. In the case of vehicles transporting only untreated catering waste and not subsequently transporting treated material, only the wheels of the vehicle need be cleaned.

PART II Treatment systems and parameters for catering waste

1. Unless an approval specifically permits a different system, catering waste shall be treated by one of the systems specified in the table below. The system shall ensure that the material is treated to the following parameters:

Composting 

System

 

Composting in a closed reactor

 

Composting in a closed reactor

 

Composting in housed windrows

Maximum particle size

40cm

6cm

40cm

Minimum temperature

60°C

70°C

60°C

Minimum time spent at the minimum temperature

2 days

1 hour

8 days (during which the windrow shall be turned at least 3 times at no less than 2 days intervals)

 The time temperature requirements shall be achieved as part of the composting process.

 
Biogas

System

 

Biogas in a closed reactor

 

Biogas in a closed reactor

 

Maximum particle size

5cm

6cm

Minimum temperature

57°C

70°C

Minimum time spent at the minimum temperature

5 hours

1 hour

 
2. The approval shall normally specify one of the methods in the table, but Scottish Ministers may approve a different system if she is satisfied that it achieves the same reduction in pathogens as those methods (including any additional conditions imposed on those methods) in which case the approval shall fully describe the whole system.

Composting plants

3. If the approval for a composting plant specifies one of the methods in the table, it shall specify which one and, in addition, shall have as a condition either that:
(a) measures shall be taken at source to ensure that meat was not included in the catering waste and that following treatment the material is stored for at least 18 days (storage need not be in an enclosed system), or
(b) following the first treatment, the material shall be treated again using one of the methods in the table and specified in the approval (not necessarily the same method as was used for the first treatment) except that, if the treatment is in a windrow, the second treatment need not be in a housed windrow

Biogas plants 

4. The approval for a biogas plant shall specify one of the methods in the table and in addition require that either:
(a) measures were taken at source to ensure that meat was not included in the catering waste; or
(b) following treatment the material is stored for an average of 18 days 

Sampling

3. Plants operating to the standards in this Authorisation must test for Salmonella in accordance with Annex V, Chapter III, Section 3 of Commission Regulation (EU) No 142/2011.
 
4. For ‘Hub and Pod’ systems where hygienisation/pasteurisation takes place at one site (the ‘hub’) prior to distribution to one or more sites (‘pods’) for composting or anaerobic digestion, salmonella sampling must take place at the pod in accordance with Annex V Chapter III Section 3 of Commission Regulation (EU) No 142/2011