L 162/62 Official Journal of the European Union 30.4.2004 COMMISSION REGULATION (EC) No 878/2004 of 29 April 2004 laying down transitional measures in accordance with Regulation (EC) No 1774/2002 for certain animal by-products classified as Category 1 and 2 materials and intended for technical purposes (Text with EEA relevance) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Com- munity, Having regard to Regulation (EC) No 1774/2002 of the Euro- pean Parliament and of the Council of 3 October 2002 laying down health rules concerning animal by-products not intended for human consumption ('), and in particular Articles 4(4), 5(4), 16(3) and 32(1) thereof, Whereas: (1) According to the Regulation (EC) No 999/2001 of the European Parliament and of the Council of 22 May 2001 laying down rules for the prevention, control and eradication of certain transmissible spongiform encepha- lopathies (?), specified risk material intended for food, feed or fertilisers may not be imported into the Com- munity. (2)  However, Category 1 materials, which may contain specified risk material, may be imported into or exported from the Community in accordance with rules laid down in Regulation (EC) No 17742002 or to be estab- lished under the procedure referred to in its Article 33(2). (3)  Commission Regulation (EC) No 812/2003 of 12 May 2003 on transitional measures under Regulation (EC) No 1774/2002 of the European Parliament and of the Council as regards the importation and transit of certain products from third countries (°) provides a temporary derogation until 30 April 2004 from the importation prohibition on certain animal by-products from third countries as set out in Regulation (EC) No 1774/2002. (4)  Certain operators and trading partners have expressed concerns over a prohibition on animal by-products intended for technical uses, outside the feed or food chain. (5)  The Commission has requested scientific advice on a quantitative assessment of the residual risk of bovine spongiform encephalopathy (BSE) in a number of bovine-derived products such as gelatine and tallow, which is expected in the near future. It is also intended to seek further specific advice. () OJ L 273, 10.10.2002, p. 1. Regulation as last amended by Commission Regulation (EC) No 808/2003 (O] L 117, 13.5.2003, 1), Q) %] L 147, 31.5.2001, p. 1. Regulation as last amended by Regu- lation 2245/2003 (O] L 333, 20.12.2003, p. 28). () OJ L 117, 13.5.2003, p. 19. Regulation as amended by Regulation (EC) No 2268/2003 (O] L 336, 23.12.2003, p. 24). (6) (10) Pending such advice, it is appropriate to provide transi- tional measures allowing the continued placing on the market, export, import and transit of certain products classified as Category 1 and 2 materials under Regulation (EC) No 1774/2002, intended exclusively for technical uses. Accordingly, transitional measures should be adopted to allow the technical use of certain, strictly defined, Cate- gory 1 and 2 materials. The specific uses of such mate- rials intended for technical purposes should be subject to strict channelling and control measures, further reducing the risk of diversion into the food and feed chains and unintended use in other technical products such as ferti- lisers and soil improvers, cosmetics, medicinal products and medical devices. Where the use of Category 1 and 2 animal by-products cannot be avoided for the production of medicinal products, the competent authority may, on the basis of an appropriate case-by-case risk assessment in accord- ance with relevant Community legislation, derogate from the provisions of the Regulation With regard to the placing on the market and export of animal by-products intended for a technical use produced in the Community, the rules laid down in Regulation (EC) No 1774/2002 should be generally suffi- cient, subject to complementing the rules for collection and transport to ensure the strict channelling, identifica- tion, and control objectives being pursued; with regard to consignments for imports or in transit, additional certification and channelling requirements should be implemented. Member States should implement additional verification arrangements as necessary for the implementation of this Regulation and in particular to avoid the risk of diversion, and should cooperate to that effect; they should inform the Commission and other Member States accordingly, and take all necessary measures in the context of the relevant Community legislation in case of non compliance.