
Article 1 
Member States shall authorise the collection, transportation, processing, use and storage of milk, milk-based products and milk-derived products, falling within the definition of Category 3 material, as referred to in Articles 6(1)(e), 6(1)(f) and 6(1)(g) of Regulation (EC) No 1774/2002, that have not been processed in accordance with Chapter V of Annex VII to that Regulation (the products), provided that these activities and products comply with the requirements set out in this Regulation.
Article 2 

1. Processed products and whey, as referred to in Annex I, may be used as feed in accordance with the requirements laid down in that Annex.
2. Unprocessed products and other products, as referred to in Annex II, may be used as feed in accordance with the requirements laid down in that Annex.
Article 3 

1. The products shall be collected, transported and identified in accordance with the requirements set out in Annex II to Regulation (EC) No 1774/2002.However, the first subparagraph shall not apply to operators of milk-processing establishments approved in accordance with Article 10 of Directive 92/46/EEC when collecting and returning to their establishment products which they have previously delivered to their customers.
2. The storage of the products shall take place at an appropriate temperature to avoid any risk to public or animal health, either:
(a) in a dedicated storage plant approved for that purpose in accordance with Article 11 of Regulation (EC) No 1774/2002; or
(b) in a dedicated, separate storage area in an establishment approved in accordance with Article 10 of Directive 92/46/EEC.
3. Samples of the final products taken during storage or at the time of withdrawal from storage, shall at least comply with the microbiological standards set out in Chapter I(D)(10) of Annex VII to Regulation (EC) No 1774/2002.
Article 4 

1. The milk processing establishments approved in accordance with Article 10 of Directive 92/46/EEC and the holdings, which are authorised as provided for in the Annexes to this Regulation, shall be registered by the competent authority for that purpose.
2. The competent authority shall take the necessary measures to control compliance by operators of registered establishments and holdings with the requirements set out in this Regulation.
Article 5 
Any authorisation and registration issued by the competent authority in accordance with this Regulation shall be immediately suspended if the requirements of this Regulation are no longer fulfilled.
The authorisation and registration may be reinstated only after appropriate corrective measures have been taken as instructed by the competent authority.
Article 6 
The Commission shall review the provisions of this Regulation and adapt them as appropriate in the light of the opinion of the European Food Safety Authority.
Article 7 
This Regulation shall enter into force on the 20th day following that of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.Done at Brussels, 19 January 2005.
For the Commission
Markos KYPRIANOU
Member of the Commission
ANNEX I

CHAPTER I
A. 
The products, including cleaning water that have been in contact with raw milk and/or milk pasteurised in accordance with Chapter I(A)(4)(a) of Annex C to Directive 92/46/EEC, subjected to at least one of the following treatments:


((a)) ‘ultra high temperature’ (UHT) in accordance with Chapter I(A)(4)(b) of Annex C to Directive 92/46/EEC;
((b)) sterilisation whereby either an Fc value equal to or greater than 3 is achieved, or which was carried out in accordance with Chapter I(A)(4)(c) of Annex C to Directive 92/46/EEC at a temperature of at least 115°C for 20 minutes or equivalent;
((c)) pasteurisation in accordance with Chapter I, A, 4(a) or sterilisation, other than that referred to in paragraph (b) of this Section, in accordance with Chapter I(A)(4)(c) of Annex C to Directive 92/46/EEC, followed by:

((i)) in the case of dried milk or dried milk products, a drying process; or
((ii)) in the case of an acidified milk product, a process by which the pH is reduced and kept for at least one hour at a level below 6.

B. 
The products, referred to in Section A, may be used as feed material in the Member State concerned, and may be used in cross-border areas where the Member States concerned have a mutual agreement to that effect. The establishment concerned must ensure traceability of the products.

CHAPTER II
A.  1. the products, including cleaning water that has been in contact with milk that has only been pasteurised in accordance with Chapter I(A)(4)(a) of Annex C to Directive 92/46/EEC; and
 2. whey produced from non heat-treated milk-based products, which must be collected at least 16 hours after milk clotting and where the pH must be recorded as < 6,0 before being sent directly to authorised animal holdings.

B. 
The products and whey, referred to in Section A, may be used as feed material in the Member State concerned subject to the following conditions:


((a)) they are sent from an establishment approved in accordance with Article 10 of Directive 92/46/EEC, which guarantees the traceability of those products; and
((b)) they are sent to a limited number of authorised animal holdings, fixed on the basis of the risk assessment for the best and worst case scenarios carried out by the Member State concerned in preparation of the contingency plans for epizootic diseases, in particular foot-and-mouth disease.

ANNEX II
A. 
Raw products, including cleaning water that has been in contact with raw milk, and other products for which the treatments referred to in the Chapters I and II of Annex I cannot be ensured.

B. 
The products referred to in Section A, may be used as feed material in the Member State concerned subject to the following conditions:


((a)) they are sent from an establishment approved in accordance with Article 10 of Directive 92/46/EEC, which guarantees the traceability of those products; and
((b)) they are sent to a limited number of authorised animal holdings, fixed on the basis of the risk assessment for the best and worst case scenarios carried out by the Member State concerned in preparation of the contingency plans for epizootic diseases, in particular foot-and-mouth disease, and provided that the animals present in the authorised animal holdings can only be moved:

((i)) either directly to a slaughterhouse located in the same Member State; or
((ii)) to another holding in the same Member State, for which the competent authority guarantees that animals susceptible to foot-and-mouth disease may leave the holding only:

((a)) either in accordance with point (i); or
((b)) if the animals have been dispatched to a holding not feeding the products referred to in this Annex, after a 21-day standstill period has elapsed from the introduction of the animals.
